HomeMy WebLinkAbout[05c] PUD Amendment CVFY LW ST.JOSEPH Council Agenda Item [05c]
MEETING DATE: December 19, 2016
AGENDA ITEM: Planning Commission Matters
b. Millstream Shops and Lofts PUD Amendment
SUBMITTED BY: Administration/Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Approve PUD/Development
Agreement Amendment
PREVIOUS COUNCIL ACTION: Approved the PUD and Plat in 2007 and amended in 2008.
BACKGROUND INFORMATION: Mill Stream Shops LLC has requested a PUD Amendment to
remove the designated commercial percentages as identified in the executed PUD Agreement. Mill
Stream Shops was developed in 2008 as a redevelopment project, consisting of mixed uses. The two
story 23,706 SF mixed use development has commercial at ground level and residential on the second
level. It is within the core of the City's Downtown in the B-1 Central Business District and Planned Unit
Development(PUD)overlay District. The residential portion consists of 13 residential units and the
commercial portion consists of six suites occupying 12,300 SF. The PUD designates the following
commercial uses.
25%Restaurant(3,075 SF)
25%Office(3,075 SF)
50% General Retail(6,150 SF)
Earlier this year On A Lark made a decision to close their doors, leaving an open suite adjacent to Bello
Cucina. Bello Cucina is looking to expand the bar and restaurant into the open suite. With On A Lark
leaving and the restaurant looking to occupy their space,the PUD no longer would meet the requirements
of the original PUD;therefore an amendment is requested to remove the percentage requirement
identifying the commercial uses. (Original PUD Agreement included)
The off-street parking was originally approved at 42 spaces in which 28 were required for residential and
14 for commercial.Under the strict requirements of the ordinance 56 off-street parking spaces were
required for the commercial uses in the original PUD,therefore,waiving 42 commercial spaces. In 2008,
the PUD/Development Agreement was amended from 6 one bedroom units and 8 two bedroom units to 3
one bedroom units,9 two bedroom units, and 1 three bedroom unit. Currently,Bello Cucina occupies
3,050 SF with 88 seats and is proposing to expand an additional 1,290 SF with 50 new seats requiring 13
parking spaces.
Current Ordinance Parking Requirements:
Residential Units: 39 spaces
Bello Cucina: 40 spaces
Bad Habit Brewing: 21 spaces
Office/Professional Space: 25 spaces
Total: 125 spaces
The paved parking lot to the north behind the building provides 53 spaces(36 surface spaces and 17
garage spaces). The PUD and the City's parking ordinance allows for alternative parking arrangements
within the Central Business District/City's Downtown to accommodate redevelopment and expansions.
This includes relief from strict off-street parking requirements. The amount of required off-street parking
in the Central Business District shall be based on the anticipated demand for parking and loading space,
the length of visits generated by the particular business, and the availability of other parking spaces in the
Central Business District. The city council may consider the use of a parking area(other than residential)
where it is known that because of a time element,the parking facilities will not be needed by more than
one of the uses at one time.Additionally,public street parking provides parking for customers of the
commercial uses as approved for in the PUD and Bello Cucina has indicated that they have a verbal
agreement with the Church of Saint Joseph on the use of their parking lot.
Bad Habit Brewing Open: Bello Cucina Open:
Thurs. &Fri. 4pm— 10pm Mon.—Thurs. 11 am— 10pm
Sat.2pm— 10pm Fri.—Sat. 11 am— 11 pm
Sun. 12pm—5pm Sun. 11 am—8pm
Russell Eyecare Open: Developmental Diagnostics
Mon. 9am—5pm Mon.—Thurs. 8am—5pm
Tues.—Thurs. 9am-7pm
Fri.—Sun. Closed
Public Comment: Mary Schaefer located at 100 East Minnesota Street, St.Joseph contacted staff and
voiced concern about street parking and asked that the City think carefully about that. There are people
who live in the neighborhood and deserve a reasonable amount of quiet.
ATTACHMENTS: Request for Council Action
Amendment to Developer Agreement
Application for PUD Amendment
Mill Stream Shops&Lofts Site Plan
Bello Cucina Existing Floor Plan
Bello Cucina Expansion Plan
Recorded Development Agreement.
REQUESTED COUNCIL ACTION: The Planning Commission(5/0)recommend approval of the PUD
Amendment contingent on providing rear building access and off-street parking (north lot)to customers,
along with making customers aware of this.
Motionl: Move to Approve/Table/Deny the request for a PUD/Development Agreement Amendment for
Mill Stream Shops and Lofts amending the allocation of the designated commercial uses.
AMENDMENT TO CITY OF ST. JOSEPH
DEVELOPER AGREEMENT
(For Mill Stream Shops and Loft PUD Project)
THIS AMENDMENT TO DEVELOPER AGREEMENT (hereinafter "Amendment"), made and
entered into this day of , 2016, by and between Mill Stream Shops, LLC,
hereinafter called "Developer", 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 known as Mill Stream Shops
and Lofts, which is legally described as follows (hereinafter called the "Property" or
"Development"or"Development Property"):
Lot 1, Block 1, and Lot 1, Block 2, Mill Stream, St. Joseph, Stearns Country, Minnesota
[Subsequently platted as: Common Interest Community Number 97, Condominium, Mill Stream
Shops & Lofts and Common Interest Community Number 97, Condominium, Mill Stream Shops
&Lofts First Supplemental CIC Plat]; and
WHEREAS, the Developer and the City entered into a Developer Agreement for Mill Stream
Shops and Lofts PUD Project on June 27, 2007 as Document No. 1233811 and amended on
February 21, 2008 as Document No. 1306759 with Stearns County Recorder's Office
(hereinafter"Developer Agreement"; and
WHEREAS,the Developer and City desire to amend Section 3.2(m) of the Developer Agreement
with the express understanding and agreement that all other provisions of the Developer
Agreement shall remain in full force and effect.
NOW, THEREFORE, in consideration of the property and the mutual obligations of the parties
hereto, each of them does hereby covenant and agree with the other as follows:
1. That portion of Section 3.2(m)related to commercial uses be amended as follows:
1
The PUD will be a mixed development consisting of the following Commercial Uses:
Restaurant, Office and General Retail.
2. The Developer and City agree that all other terms, conditions and requirements set forth
in the Developer Agreement, dated June 27, 2007 and as amended February 21, 2008,
shall remain in full force and effect.
3. This Amendment and the Developer Agreement between the Developer and City
constitute the entire agreement between the parties. There are no understandings,
agreements or representations, oral or written, beyond those specified in this Amendment
and the Developer Agreement.
4. This Amendment shall be binding upon the parties, their heirs, successors and/or assigns.
IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in its name
and behalf and the Developer has caused this Amendment to be duly executed in its name and
behalf on or as of the date first written above.
Signed and executed by the parties hereto on this day of , 2016.
ATTEST CITY OF ST.JOSEPH
By By
Judy Weyrens Rick Schultz
City Administrator Mayor
DEVELOPER
Mill Stream Shops, LLC.
By
Jon Petters
Owner of Mill Streams Shops, LLC
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2016 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
2
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
STATE OF MINNESOTA )
)ss
COUNTY OF )
On this day of , 2016, before me, a notary public within and for said
County, personally appeared Jon Petters,to me personally known, who, being each by me duly
sworn, did say that he is the Owner of the company named in the foregoing instrument, and
acknowledged said instrument to be the free act and deed of said company.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
THIS DOCUMENT DRAFTED BY:
City of St. Joseph
25 College Ave N
PO Box 668
St. Joseph, MN 56374
3
City of St.Joseph
Application for Subdivision Review
*It*cr$V40.V,Itit
CITY OP ST. JOSEPH
Application is hereby made for:(Applicant must check any/all appropriate items)
Preliminary Plat _ Final Plat Review _ )4- Planned Unit Development
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Land Use Amendment Rezone
APPLICANT INFORMATION:
ApplicantNA,tL//L.-. ` • LL C.
Phone: 3 1/I 57e Email: J Lrrl e d ieye ✓ fii s Cl t z
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Mailing Address: / /7) r rt ft�Sd��' ' - r0
Property Owner: ./ �>rY )
Phone: 3(3 -�(OS CD Email: a1n. c-O tl Q, eijo
Mailing Address: /i r , h et&$ d'14. £4f (3°D+ £ /6 9
PROJECT INFORMATION:
Parcel Identification Number(s)of Property:
Legal Dqscoription of Property(maybe attached instead of listed) // ii 115 I 1 4/711 jfe t
Lew 44
Name of Plat: rYi i 1 54TalVvr1 N.5/7 NP5 j 41.2415 44'7
Gross Area: 20 61._ 7 ,
Number of Lots: 17, aritr i lldb /3 re ede.iJ;Zl, C Dmii erL eC fcnvmr t le 5
Name of Pending Street Name(s)Included in Development:
Name of Land Surveyor/Engineer:
Address of Land Surveyor/Engineer:
St Joseph Application for Subdivision Review Page 11
Does the proposed Preliminary Plat/PUD require a land use amendment and/or rezoning?No Yeti
If yes,please complete Appendix A—Land Use Amendment/Rezoning Material Application(attached).
Land Use Amendment: From To
Rezoning: From N To
is the proposed Preliminary Plat consistent with design standards and other requirements of the City of St.
Joseph Subdivision Ordinance,Zoning Ordinance,and Comprehensive Plan? Yes No
Describe the physical characteristics of the site,including but not limited to,topography;erosion and flooding
potential;soil limitations;and,suitability of the site for the type of development or use contemplated:
Describe the fiscal and environmental impact the proposed development will have on adjacent property owners
and the City of St.Joseph.
lift
if application is for PUD,provide a statement that generally describes the proposed development,the market
which it intends to serve,its demand in relation to the City's Comprehensive Plan,and how the development is
designed,arranged and operated in order to permit the development and use of neighboring property in
accordance with the regulations and goals of the City.
The.: curre.,A# req rem ent- ; Aot at_ ullreei i/e-/
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St Joseph AppReation for Subdivision Review Page 2
1/We understand that any work to be done will require reimbursement to the City for engineering,consulting,
mapping or studies that may have to be done in conjunction with this subdivision.This includes any fees in
conjunction with preliminary or final plats. In addition,a check for the appropriate fee(s)must be submitted
along with the application.By signing this application below,1/We are hereby acknowledging this potential
cost.
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Ili 14,.. it" / 117/2-0141
Appli 0.ignature Date
igi„,
Prop Owner's Signature
Aietsiken7
Date ii 1020/40
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Applicable Fees:
Preliminary Plat Minor— I to 250 lots $300 4-$5 per lot
Major->250 lots $500+$5 per lot
Preliminary Escrow Minor— I to 250 lots $3,000.00
Major->250 lots $5,000.00
Final Plat $200.00
ivtiong"StV010101000.-. 'w.',4"-, , , t
Land Use Amendment $500.00
Rezoning Request $500.00
St Joseph Application for Subdivision Review Po ge 13
Appendix A
www.ciwo(st ascph.cm
CITY OF ST. JOSEPH
LAND USE AMENDMENT/REZONING APPLICATION
The applicant shall provide the following(attach separate sheets if necessary):
1. All applications must include a narrative of the land use and/or zoning request.The Land Use and/or
Rezoning application must be completed in its entirety including the reasons as to why the Planning
Commission and City Council should approve the request.
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2. Petition for fifty percent(50%)or greater of the property owners affected by the proposed amendment and
fifty percent(50%)of those property owners within three hundred fifty(350)feet of the proposed change.
MILL s7Rt;R m S//D PS, LLG BuiAfS MO Re T" nil 3D° o f
1-fts UNITS , cOLLrG'E vILLE c4krunovtz' lr=5 c. G DuiuS
FILE. a zmA etc i r ,q AJ',qC.Iv7' �o r5 •
I understand that I am responsible for reimbursing the City for any additional legal,engineering,building
inspection or planning fees associated with my request.
'fill 1 "' //f 7 ZO/`O
Ap• ignature Date
St.Joseph Application for Subdivision Review Page/4
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O FOODSERVICE EQUIPMENT PLAN w a +e.M`Poprapr«o
•
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„ .fin OFFICE OF COUNTY RECORDER
STEARNS COUNTY,MINNESOTA
Document* 1233811
•
•
• Certified,Flied,and/or Recorded on 'gym
•
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•
07-25-2007 at 02:02 PM ._. •
•
DIANE GRUNDIiOEFER
STEARNS COUNTY RECORDER
•
•
•
•
•
CITY OF ST. JOSEPH
DEVELOPER AGREEMENT
(For 'Millstream Shops and Lofts PDD. Project)
THIS AGREEMENT, made and entered into this 27th day of June, 2007, by and between
Collegeville Development Group, LLC, a Minnesota Limited Liability. Company, and
College Communities, LLC,- a Minnesota Limited Liability Company, hereinafter
jointly called "Developer°, and the 'City of St. Joseph, Minnesota, a municipal
corporation, hereafter call the "City".
WITNESSETH:
•
WHEREAS, Collegeville Development Group has purchased the following property .
located within the City of St. Joseph:
•
•
Lot 1, Block 1, and Lot 1;. Block 2,' Mill Stream
St. Joseph, Stearns County, Minnesota
WHEREAS, Collegeville Development Group and Collegeville Communities, LLC, wish
to develop the above-described property as a mixed density development consisting
of the following anticipated commercial uses: 25% restaurant, 25% office, and
50% general retail; and following' residential uses: 14 residential units of 6 .
single bedroom units and 8 double bedroom units under the • '
St.. Joseph PUD Ordinance;
•
WHEREAS, the Developer' has submitted to the City for approval the plans and
drawings listed on Exhibit A attached hereto and herein referred to as the
"Project";
WHEREAS, it 'is the intention of the Collegeville Development Group and
Collegeville Communities, LLC, to replat the above-described property under the
PUD Ordinance of the City of St. Joseph;
•
• 1 •
•
•
/lila P sad
Abstract Comps
PO Box$?3
St.Cloud,MN-56302 2 .
•
4604 /7350CI
•
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WHEREAS, Collegeville Development:Group has submitted to the City for approval the
final plat for Lot 1, Block 1, and Lot I, Block 2, Mill Stream Ng, St. Joseph, Steams
County,Minnesota;and `M.
WHEREAS, Collegeville Development Group will assign all its interest in the Development to
Collegeville Communities,LLC.;
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 DEVELOPMENT PLAN
APPROVAL AND PLAT APPROVAL
1.1 R-.nest • r e o ent Plan k..p90 val •t •lat A}•royal: The Developer has
asked the City to grant final approval of the Development Plan for the Project to be
constructed on the Property and to grant final approval of a plat for the mixed use
development which will be called Lot 1, Block 1, and Lot 1, Block 2 Mill Stream
P14 VAL St.Joseph,Stearns County,Minnesota.
1.2 Conditions of Development Plan • .proval and Plat Approval; The City, after
requisite notice and hearing, has granted final approval of the Development Plan
and final approval of the Plat subject to the terms and conditions of this agreement.
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 PIat and this Agreement have been recorded with the Steams County Recorders
Office.
3.0 DEVELOPER CONSTRUCTED PRIVATE IMPROVEMENTS.
3.1 The Developer agrees to construct those private improvements itemized below,
(hereinafter known as the`Private Improvements"):
a. Site Grading
b. Fire Hydrant
2
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c. Water Main to Fire Hyrant
d. Water Main to Building
e. Sanitary Sewer to Building
f. Concrete Curb&Gutter
g. Bituminous Driveway and Parking Lots
h. Erosion Control on Site
i. Storni Water Runoff Control on Site
j. Signs Designating Pedestrian Walkway, Traffic Directional Signs in
Designated Parking Areas
k. Site Lighting
3.2 Project Specific Requirements for Developer constructed Private Improvements.
(a) Development Plan Compliance. All and accessory structures shall be sited
and constructed on the Property as shown on the Development Plan
referred to as Exhibit A (hereinafter the "Development Plan") subject to
the provisions of this Agreement. Any deviations from the Development
Plan shall require prior approval by the City Planning Commission.
(b) 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.
(c) Site Preparation. The Developer shall comply with the Stormwater
Pollution Prevention Plan (SWPPP) and with any erosion control method .
ordered by the City for the prevention of damage to adjacent property and
the control of surface water runoff.
(d) Building Exterior. The building exterior shall comply with the Plan
approved by the St.Joseph Planning Commission.
(e) Off Street Parking and Loading. The Developer shall provide at off street
parking and loading as set forth in Exhibit A..
(f) Grading/Drainage. The final drainage plans must be approved by the City
Engineer.
(g) Landscaping/Fencing/Screening. The Development will include
landscaping to include trees and grass as shown on Exhibit A..
(h) Requirements for Building Permit. No building permit shall be issued for
this Property until the Developer has signed and returned this
Development Agreement and submitted any additional information as
directed by the City Engineer and City Building Inspector.
3
(i) Snow Removal and Maintenance of Sidewalk. The Developer shall be
responsible for snow removal and maintenance of both the public and
private sidewalks adjacent to Property. This responsibility shall survive
the issuance of the Certificate of Compliance under paragraph 5.9 of this
Agreement.
(j) The Developer must construct a 6-inch water main and sanitary sewer to
the buildings and fire hydrant on site as set forth in Exhibit A. The
Developer must also construct the fire hydrant on the north side of the
buildings to provide fire access to current and future facilities on the
platted property. The building official and City Engineer must approve
the location of the fire hydrant. The fire hydrant, 6-inch water main and
sanitary sewers will be privately owned and maintained utilities on the site
by the Developer,and its assigns or heirs.
(k) The Developer,its assigns and heirs, shall provide maintenance for storm
water infiltration area and site storm sewer.
(1) The Developer is required to obtain the following permits: MDH Water
Main Extension, MPCA Sanitary Sewer Extension, and NPDES Storm
Water Permit.
(m) The PUD will be a mixed density development consisting of the
following:
Commercial uses:
1. 25%restaurant
2. 25%office
3. 50%general retail
Residential uses: 14 residential units consisting of 6 single bedroom units
and 8 double bedroom units. If the commercial mix changes, the
Developer must seek an amendment to the PUD as outlined in Ordinance
52.09.
(n) Parking. The Developer shall insure that the common ownership
documents require that employees of the commercial uses be required to
park in the designated parking lot on the north side of the facility and
marked as Exhibit A.
(o) Loading and Unloading Areas. The site must include loading and
unloading areas. These areas cannot be located in the public right-of-way
and must be marked and reserved as loading/unloading areas.
(p) Signs. The development must include site management signs, such as
pedestrian walkway,traffic directional signs and designated parking areas.
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(q) Business Signs. Business signs not included at the time of site plan
approval will require separate approval at the time of construction.
(r) Lighting Plan. A lighting plan will be required. The lighting cannot
exceed.4 candle watts beyond the property boundaries.
(s) Fire Approved Lock Box. The plans must contain a fire approved lock
.box, the location of which will be determined by the City Building
Inspector.
(t) Site Plans and Utility Plans. The City Engineer must approve the final site
and utility plans. The final site plans include the parking layout,
driveways,and how the parking and driveways will access the alley.
(u) Vacation of Existing Alley. The plat calls for the vacation of the existing
alley. The Developer agrees that if the Development is not constructed,
the Developer or its assigns will convey the vacated portion of the
property back to the City of St.Joseph for alley purposes.
4.0 FUTURE IMPROVEMENTS
4.1 Future Improvements. The Developer and City hereby acknowledge that
certain improvements,not included as the Improvements outlined herein,
will have to be constructed at some future date to complete service to the
Development. These improvements,known as"future improvements"
include costs for future improvement of the north/south alley as it passes
the Development. The Developer,its assigns or heirs,shall be responsible
for its share of the cost of the future alley improvement. This provision
obligating the Developer,its assigns and heirs,to pay for future alley costs
shall survive the issuance of the Certificate of Compliance under
paragraph 5.9 of this Agreement.
4.2 Developer's Consent to Petition. If a petition to construct any or all of the
above future improvements in accordance with procedures outlined in
Minnesota Statutes,Chapter 429,is received by the City from affected
property owners,the Developer,its assigns or heirs,shall be considered an
automatic signer of said petition for all affected properties within the
Development remaining under his ownership or otherwise under its
control,the Developer,its assigns and heirs,being deemed to have waived
its right of notice of hearing upon the necessity or feasibility of the
improvement,understanding only that they have not waived any rights or
• notice of hearing for the purpose of an actual assessment or apportionment
of said assessment cost against property still owned by the Developer,its
assigns and heirs.
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4.3 Developer's Consent to Council Action. If the City,not having received a
petition to construct any or all of the above future improvements,
determines that construction of certain future improvements is necessary
and in the public interest,the Developer,its assigns and heirs,shall be
considered an automatic signer of a petition for said improvement or
improvements for purposes of initiating action under Minnesota Statutes,
Chapter 429;said automatic signature shall apply to all affected properties
within the Development remaining under the Developer's,its assigns and
heirs,ownership or otherwise under his control,the Developers,its assigns
and heirs,being deemed to have waived his right of notice of hearing upon
the necessity or feasibility of the improvement,understanding only that
they have not waived any rights or notice of hearing for the purpose of an
actual assessment or apportionment of said assessment cost against
property still owned by the Developer,its assigns and heirs.
5.0 GENERAL TERMS AND CONDITIONS
5.1 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.
5.2 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.
5.3 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, 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.
5.4 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
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City of St.Joseph
P.O.Box 668,
St.Joseph,MN 56374
If to the Developer at: Collegeville Development Group
do Jim Degiovanni
1015 West St.Germain Street
St.Cloud,MN 56303
5.5 . 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.
5.6 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
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. 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 and 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.
5.7 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.
5.8 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
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Developer fails to clean the streets within 48 hours of the direction of the
City, the City may undertake the work and 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.
5.9 Certificate of Cbmnliance. 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
contacted 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 arising under Section
4.0 herein. The issuance of a Certificate of Compliance does not release the
Developer or its assigns from ongoing obligations with respect to the land and
development which extend beyond the date the Certificate of Compliance is
issued.
5.10 Reimbursement of Citv'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
perf+orruance 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 refuse the issuance of building permits until all costs are paid
in full.
5.11 Development and Construction for Lot Block2 Mill Stream. Although Lot 1,
Block 2 Mill Stream is a part of the FUD with a proposed development as a four-
dwelling apartment unit, no Development Plan has been approved for Lot 1,
Block 2 Mill Stream. Developer must obtain approval of a Development Plan for
Lot 1,Block 2 Mill Stream and negotiate a Developer Agreement for Lot 1,Block
2 Mill Stream prior to any construction on Lot 1,Block 2 Mill Stream.
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5.12 Platting. The Developer must include all of the Development Property in the final
plat of the first phase of the development.
5.13 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. This paragraph does not apply to utilities on
Main Street and which lie outside the property lines and are currently above
ground.
5.14 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.
5.15 Street Lighting and Signage. The Developer shall be responsible for the cost of
purchase and installation of street lights and street signs as set forth in Exhibit A.
The improvement shall not be accepted until installation of street lights and street
signs are completed.
5.16 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
fees shall be based on the proposed development of the total commercial space
being used as 25%restaurant,25%office,and 50%general retail. The residential
use space shall be determined by a computation of 12 single unit bedrooms and 4
double bedrooms. If the proposed building use changes,then the SAC/WAC fees
shall be changed to reflect the actual building usage. If the actual use changes or
if usage is significantly different, the owner shall be either charged additional
amounts pursuant to the Ordinance, or given a credit for future additional use in
terms of the base rate unit charge. Any future credit will only be applied to Lot 1,
Block 1, Mill Stream liptc Credits for Lot 1, Block 1 Mill Stream may not be itt+14
applied to Lot 1,Block 2 Mill Stream. The SAC and WAC fees are due prior to
issuance of the building permit.
5.17 Storm Water Development Fee. The property is subject to the Storm Water
Development fee which is $20 per square foot of developable property
(developable property is everything except wet lands and street right of way).
The Developer will be given credit for expenditures placed into the City storm
water system as approved by the City Engineer. Before issuance of the Certificate
of Occupancy a determination will be made as to the net amount due from the
Developer for the Storm Water Development fee, and the amount must be paid
before the Certificate of Occupancy is issued
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5.18 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.
519 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.
5.20 Execution in Counterparts. This Agreement may be executed in any number of
counterparts,each of which shall constitute one and the same instrument.
521 Governed by Minnesota Law. This Agreement shall be interpreted under the laws
of the State of Minnesota.
5.22 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 this 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 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;
(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�7'day of 2 ,2007.
ATTEST CITY OF ST.JOSEPH
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e, . an RaisSer
i Administrator Mayor
DEVIMOPEIVCOLLEGEVILLE
DEVELOPMENT GROUP,LLC.
A Minnesota Limited Liability Company
By
Name Jkvj -. ,L) ,/Fr'-►�
Title Cid(£C= C a,e 0 o 411 oFF,CL.
1 *3 COLLEGEVILLE
COMMUNITIES,LLC.
a Minnesota Limited Liability Company
NaMe' �,c Gf j •''"✓i
TitleC' I t C v le
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STATE OF MINNESOTA )
)ss
COUNTY OFC 1 +1 )
ytkiA
s51r✓This instrument was acknowledged before me on ;X cTc u- ', 2007 by i4el -
bomm 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 87Atith
�W''�/�(�j/p� ft -(ORO .I : EMM_,,,,.,.,., •'. SARAH NAVENAVE
/'
SIGNATURE OF NOTARY PUBLIC
NOTARY PUBL4C rMfNNESOTA
hai,Connis6on Expires Jan,31,2010 OR OTHER OFFICIAL
•/'` %iJJ-i J'�./.�i:r.�.r�!i'.-//_'�f✓tel J�
STATE OF MINNESOTA )
)ss
COUNTY OF /4 5 )
This instrument was acknowledged befwe me on.. N Z7 2007 by
3-11445 t r t{ ivvuw21 ,the cirri e . cur ppt�a^et c�of ' eMoisp. Collegeville
Development Grdup,LLC.executed the above Ag1'eement on behalf of said corporation.
a Minnesota Limited Liability Company
•
NOTARIAL STAMP OR SEAL
JUDY ANN WEYRENS likb, i _ i. /� _ .'.
NOTARY PUBLIC.MINNESOTA : !NA ► RE OF •. ' PUBLIC
commission Expaes Jan,31,2410 i • ' I R OFFICIAL
STATE OF MINNESOTA )
)ss
COUNTY OF Sl415 )
This instrument was acknowledged before me onaavtt.67" ,2007 by
1-e. i a Uexri.n si ,the(` i eC ewperrx.it is of BetebsperiCollegevilie
Communities, LC.executed the above Agreement on behalf of said corporation
a Minnesota Limited Liability Company •
•
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK) ,
S r A OF NOTARY PU=, IC
•THER OFFICIAL
"in JUDY ANN WEYRENN S
NOTARY PUBLIC-MINNESO
" •
J:• ,` yly commission Ext Jan,31,2414 l
12SC_��f ii.
THIS DOCUMENT WAS DRAFTED BY:
Thomas G. Jovanovich - 5284X
Rajkowski Hansmeier, Ltd.
11 7th Ave. N.
PO Box 1433
St. Cloud MN 56302-1433
Telephone: (320) 251-1055
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