HomeMy WebLinkAbout[04d] Rivers Bend Plat 3
Council Agenda Item 4d
MEETING DATE: March 20, 2017
AGENDA ITEM: Rivers Bend Plat 3 – Requested Action: Authorize execution of Resolutions
2017-009 and 2017-010 approving the Preliminary and Final Plat Bend Plat 3 and authorize execution of
the Development Agreement for the same.
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: On December 12, 2016 the
Planning Commission conducted a public hearing for the Preliminary Plat for Rivers Bend Plat 3. During
the hearing process it was determined that additional information was required; therefore the matter was
tabled until all outstanding items were complete.
On March 13, 2017 the Planning Commission received the final plat documents and recommended the
City Council approve the preliminary and final plat to include execution of the Development Agreement.
PREVIOUS COUNCIL ACTION: The City Council approved the PUD and Preliminary Plat
entitled Rivers Bend in 2005. In 2006, the PUD & Preliminary Plat was amended to accommodate the
construction of Kennedy Community School. In 2010, the City Council rezoned the subject property to
R-4 and approved the preliminary and final plat for Rivers Bend Plat 2 to accommodate the construction
of single family detached patio homes.
BACKGROUND INFORMATION:
Applicant Information: CLC Partners, LLC, Owner/Developer
Existing Zoning: R-4 Townhouse/Patio Home Residential District
Location: North of CR 121/College Ave. S and northwest of Kennedy Community
School
Access: Access to the plat would be derived from County Road 121 (College Ave
S) and Lanigan Way. A temporary paved cul-de-sac is proposed as a
temporary turnaround on the east end. The future phase will require the
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extension and connection of Lanigan way to 12 Avenue to CR 121
aligning with Jade Road.
WCA/Wetland Setback: Wetlands have been delineated. The City has a wetland ordinance
requiring buildings to be at least 50 feet from the delineated wetland and
drive and parking areas to be at least 75 feet from the delineated wetland.
AUAR: The property was a part of an Alternative Urban Areawide Review
(AUAR). An AUAR is a type of environmental review that looks at the
cumulative impacts of different development scenarios. The review looks
at transportation, land use, stormwater, wetlands, etc. along with
mitigation measures. The proposed development must be consistent with
the final AUAR, which it is.
Stearns County: The submitted plat has been forwarded to Stearns County
(Environmental & Highway Department) for review and comment.
Stearns County indicated the original wetland delineation was still valid.
Overall Plat Information:
Size Use
Block 1, Lots 1-7 16,147 SF – 24,465 SF Patio Homes
Block 2, Lots 1-7 11,200 SF – 17,767 SF Patio Homes
ROW 33,600 SF+ Right of Way
Lanigan Way – 60 feet has been dedicated for purposes of public right of way.
Lot Requirements would follow R-4 District.
Lot Width: The minimum lot width in the R-4 district for a detached patio home is 60 feet and the
minimum depth is 100 feet. The lots meet this minimum requirement.
Lot Requirements for R4 Detached Patio Home -
Front Yard Setback 30 feet
Side Yard (interior) Setback 10 feet
Side Yard (street) Setback 20 feet
Rear Yard Setback 20 feet
Wetland Building Setback 50 feet
Maximum Building Coverage 35%
Maximum Lot Coverage 50%
Height Limitation 35 feet
Trail and Sidewalk:
Typically, a six foot wide sidewalk would be required on at least one side of the street per the current
Subdivision Ordinance that was updated in 2016.
The City Council waived the sidewalk requirement at the time Rivers Bend received plat approval
contingent on a four foot wide shoulder and signed with no parking on the south side of Lanigan Way.
A four foot wide shoulder, along with two additional no parking signs are proposed on the south side of
Lanigan Way for this phase.
Park Dedication Information:
Parkland dedication was previously fulfilled with the parkland adjacent to the Sauk River.
Drainage and Utility Easements:
According to the City’s Subdivision Ordinance, drainage and utility easements are to be 6 feet on interior
lot lines (12 feet total), 12 feet along roadways and over ponding areas.
The plat proposes five foot drainage and utility easements along interior lot lines, and 10 feet along
roadways. Easements are over the wetland areas. This is consistent with the original Rivers Bend
Development Plan.
ATTACHMENTS: Request for Council Action
Resolution 2017-009 Approving the Preliminary Plat
Resolution 2017-010 Approving the Final Plat
Development Agreement
Subdivision Application
City Engineer’s Comments
Preliminary and Final Plat
REQUESTED CITY COUNCIL ACTION: Authorize the Mayor and Administrator to execute
Resolution 2017-009 approving the preliminary plat for River Bend Plat 3; execute Resolution 2017-010
approving the final plat for Rivers Bend Plat 3 and execution of the Development Agreement for the
same.
Note: This matter was placed under consent as it was a unanimous vote of the Planning Commission.
Resolution 2017-009
RESOLUTION APPROVING THE PRELIMINARY PLAT
Rivers Bend Plat 3
WHEREAS, the St. Joseph Planning Commission held a public hearing on the preliminary
plat for Rivers Bend Plat 3 on December 12, 2016, at which time all persons wishing to be heard
regarding the matter were given an opportunity to be heard; and
WHEREAS, on March 13, 2017, the St. Joseph Planning Commission reviewed the
proposed preliminary plat and recommended approval; and
WHEREAS, the proposed plat has been reviewed by the city engineer; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST.
JOSEPH, MINNESOTA: That the preliminary plat of Rivers Bend Plat 3 be approved with the
following conditions:
1. All engineering issues are resolved.
2. The location and number of street lights must be reviewed and approved by the city
engineer.
3. The lot and setback requirements must meet all requirements under the City of St. Joseph
R-4 Townhouse/Patio Home Residential District Ordinance.
4. The wetland ordinance requirements must be met. All buildings (principal and accessory)
must be fifty (50) feet setback from the wetland line.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council
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this 20 day of March, 2017.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens, City Administrator
Resolution 2017-010
RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPER AGREEMENT
Rivers Bend Plat 3
WHEREAS, the St. Joseph Planning Commission held a public hearing on the preliminary
plat of Rivers Bend Plat 3 on December 12, 2016, at which time all persons wishing to be heard
regarding the matter were given an opportunity to be heard; and
WHEREAS, the City Council adopted a resolution approving the preliminary plat as
presented; and
WHEREAS, a final plat for Rivers Bend Plat 3 has been submitted which indicates that the
final plat is consistent with the preliminary plat.
WHEREAS, the proposed plat has been reviewed by the city engineer; and
BE IT RESOLVED that the City Administrator and Mayor are hereby authorized to
execute the Developer Agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST.
JOSEPH, MINNESOTA: That the final plat of Rivers Bend Plat 3 be approved with the
following conditions:
1. All engineering issues are resolved.
2. The location and number of street lights must be reviewed and approved by the city
engineer.
3. The lot and setback requirements must meet all requirements under the City of St. Joseph
R-4 Townhouse/Patio Home Residential District Ordinance.
4. The wetland ordinance requirements must be met. All buildings (principal and accessory)
must be fifty (50) feet setback from the wetland line.
5. An easement for the temporary cul-de-sac located on Lot 7, Block 2 shall be recorded
with the final plat. A building permit shall not be issued for Lot 7, Block 2 until such time
that the temporary cul-de-sac is removed, the property and street are reestablished
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meeting city specifications, and Lanigan Way extends and connects to 12 Avenue and
CR 121 aligning with Jade Road. Removal of the temporary cul-de-sac and all costs
associated with the construction, removal and reestablishment of the property, street,
curb, and right of way will be the sole responsibility of the Developer. The temporary
easement area shall be large enough to allow for the construction of the cul-de-sac, in
addition to snow storage.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council
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this 20 day of March, 2017.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens, City Administrator
DRAFT
RIVERS BEND PLAT 3
DEVELOPER AGREEMENT
CITY OF ST. JOSEPH, MINNESOTA
THIS AGREEMENT, made and entered into this _____ day of _______________, 2017, by and
between CLC Partners, LLC, a Minnesota Limited Liability Company, hereinafter called the
“Developer”, and the City of St. Joseph, a municipal corporation of the State of Minnesota,
hereinafter called the “City”.
WITNESSETH:
WHEREAS, the Developer is the owner of certain Real Property as described in Exhibit A
(hereinafter called the “Property” or “Development” or “Development Property”), located within
the City of St. Joseph, Minnesota.
WHEREAS, the Developer has requested preliminary and final plat approval to facilitate
development of the Property with 14 single family patio home lots.
WHEREAS, on March 20, 2017 the City approved the preliminary plat and final plat of the
Property known as Rivers Bend Plat 3 (the “Plat”).
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 plat.
WHEREAS, the Developer acknowledges that Developer is responsible for all costs incurred by it
or the City in conjunction with the development of this Plat, including, but not limited to
construction of improvements, legal, planning, engineering and inspection expenses incurred in
connection with approval and acceptance of the Plat, the preparation of this Agreement, and all
costs and expenses incurred by the City in monitoring and inspecting development of the Plat and
improvements therein, unless otherwise provided herein.
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NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the
Developer and City agree as follows:
1.0 REQUEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN AND PLAT
APPROVAL
1.1 Request for Development Plan and Plat Approval. The Developer has asked the City
to grant approval of the Development Plan to facilitate development of single family
residential lots on the Property and to grant approval of the Plat.
1.2 Conditions of Development Plan and Plat Approval. The City, after requisite notice
and hearing, has granted approval of the Development Plan and approval of the Plat
subject to the terms and conditions of this Agreement, including the Developer and
City entering into 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 PLAT
2.1 Recording. The Developer will record the Plat and this Development Agreement
with the County at Developer’s expense within ninety (90) days of final plat
approval, and will forward confirmation of the recording of the documents to the
City. In the event that technical or clerical revisions are needed in this document or
if for any reason the County Recorder deems the Development Agreement
unrecordable, the Developer will cooperate with the City in the execution or
amendment of any revised Development Agreement. If, for any reason, the Plat is
not recorded by the County, Developer agrees to hold the City harmless for any costs
incurred. It is expressly understood that Developer will have no claim for breach of
this Agreement in the event the Plat is not recordable or revisions are required in the
Plat. If the Plat is not recorded prior to the assignment of assessments, the Developer
shall be responsible for all costs incurred in the dividing of assessments at a later
date.
2.2 Monuments. The Developer will install Plat monuments within one year after
recording the Plat. No building permit will be issued for the lot in the Plat until the
lot monuments have been installed and certified by a registered land surveyor.
Monuments will need to be relocated and/or replaced if they become buried or
removed during the excavation/development of the property.
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2.3 Permits. The Developer shall be responsible for obtaining all permits, approvals,
licenses or other documents from any and all necessary governmental agencies
(including but not limited to the City, Stearns County, the Pollution Control Agency,
the Department of Health, and the Department of Natural Resources) so as to enable
the development of the Property.
3.0 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.
4.0 DEVELOPER-CONSTRUCTED IMPROVEMENTS
4.1 The Developer agrees to construct those improvements itemized below and as
illustrated on Exhibit B (hereinafter known as the “Improvements”):
(a) Site Grading;
(b) Water distribution system including fire hydrants, valves, and
appurtenances;
(c) Water Main;
(d) Sanitary Sewer Collection System;
(e) Building Services (with regard to extension of municipal services);
(f) Hard surfaced driveways and concrete aprons;
(g) Private Utilities: All private utilities, including electric, telephone,
cable and gas must be installed within a common area;
(h) Erosion Control;
(i) Storm Water Runoff Treatment and Control on-Site;
(j) Permanent turf establishment;
(k) Mail boxes per the USPS guidelines;
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(l) Streets with concrete curb and gutter meeting city specifications;
(m) A temporary bituminous cul-de-sac meeting city specifications;
(n) Public LED street lighting on all public streets;
(o) Pavement markings and signs designating pedestrian walkway, traffic
directional and parking, regulatory, and street name signs;
4.2 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.
4.3 Completion Deadlines. The Developer agrees to proceed with said Improvements
entirely at its expense, and to complete said improvements by November 1, 2017,
except for final wear course which shall be completed pursuant to the following
schedule: if the utilities (water main, sanitary sewer, and storm sewer) are completed
by December 15, 2017, then the final wear course must be constructed by September
15, 2018. If the utilities are not completed by December 15, 2017, then the final
wear course must be installed on or after June 15, 2019, and before September 15,
2019. Under no circumstances can the final wear course be installed until they are
subjected to one annual freeze/thaw cycle.
4.4 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 this Agreement.
The Developer’s engineer shall:
(a) Arrange for soil borings in accordance with Exhibit C and/or such other
subsurface investigations as the City may require.
(b) Prepare construction plans, specifications, and estimate in accordance with
Exhibit C.
(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) Submit items one (1) through eight (8) on Exhibit D prior to beginning any
construction in the development.
(e) Complete an Environmental Assessment Phase I, if necessary and any other
related environmental documents, reports, or studies as may reasonably be
required by the City.
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(f) Provide all necessary construction staking and related survey work. The
finished surface of the street aggregate base shall be blue-topped.
(g) 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 designated as developer’s responsibility in Exhibit E, process
applications for payment, prepare change orders, monitor completion dates,
coordinate field issues with Contractor and Developer, participate in final
inspection. Prepare operation and maintenance manuals in accordance with
Exhibit C Submit items nine (9) and ten (10) on Exhibit D in a timely
manner during construction.
(h) Prepare record drawings. Submit item eleven (11) on Exhibit D to the City
Engineer within 30 days of receiving field measurements from the City’s
on-site representative. 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.
(i) Prepare and submit such other documentation as the City may require.
4.5 The City Engineer shall:
(a) Provide such City project standards, including special details, insurance
requirements and specifications, as the City may require.
(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 and contractor 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.
(f) Recommend Acceptance of Improvements to the City.
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4.6 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 $15,000.00 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.
4.7 Administrative Fees. 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
fulltime inspection for buried utility and street construction and part time inspection
for all other improvement work by the City Engineer.
4.8 City as Third Party Beneficiary. The City shall not have any direct contractual
relationship with the Contractor, but shall be considered a third party beneficiary to
the contract entered between the Developer and the Contractor. The City shall not be
liable to the Contractor for the Developer's breach of a duty to the Contractor.
4.9 Easements. The Developer shall make available to the City, at no cost to the City, all
permanent and temporary easements necessary for installation and maintenance of
The Improvements.
4.10 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 and excess or umbrella coverage of $1,000,000 per occurrence and
$2,000,000 aggregate. The Contractor shall be required to carry a broad form
Property Damage Endorsement or similar thereto for Explosion, Collapse, and
Underground (XCU) general liability insurance coverage. The City and City
Engineer shall be named as an additional insured on such policy by endorsement.
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 4.13. The Developer
shall cause each person with whom Developer contracts for the construction and
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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 coverage.
The Developer, or each person with whom the Developer contracts shall obtain
excess or umbrella liability coverage of $1,000,000.00 per occurrence and
$2,000,000.00 in the aggregate. 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.
4.11 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 satisfactory
to the City (the "Security") in the estimated amount of 1.25 times the 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.
4.12 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.
4.13 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
4.11 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
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any claims are made in writing within the warranty period, the bond shall not be
released until such claims are resolved.
4.14 Completion Date and Inspection. The work the Developer is to perform under this
Agreement must be done and performed by Developer in a good and workmanlike
manner and completed by the date set in paragraph 4.3 of this Agreement. The storm
sewer, water and sewer mains, roadways, and all other improvements called for in
the Plans and Specifications will be subject to the inspection and approval of the City
and the City Engineer, and in case any material or labor supplied shall be rejected by
the City or the City Engineer, as defective or unsuitable, then such rejected material
or labor shall be removed and replaced with approved material or labor, to the
satisfaction and approval of the City, entirely at the cost and expense of the
Developer.
4.15 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.
4.16 Dedication of Public Improvements. Developer will dedicate to the City, after their
completion, all water mains, sanitary sewer mains, storm sewer mains, storm water
treatment ponds, bituminous streets, concrete curb and gutter, street signs, street
lighting and other structures located in the right-of-ways on the Development
Property shown in the Plans and Specifications. Developer will provide to the City
any and all necessary easements and/or dedications or deeding to ensure that the City
has the ability to maintain, repair, replace or modify the sewer and water mains,
storm sewers, and holding and sedimentation ponds located on the Development
Property.
5.0 PROJECT SPECIFIC REQUIREMENTS
5.1 Storm Water Management. Prior to final acceptance and transfer of ownership of
permanent storm water management facilities to the City, the following must be
completed:
(a) Submittal of as-built drawing.
(b) Submittal of post-construction infiltration field-test, if applicable.
(c) Certification by a qualified engineer or hydrologist verifying the
facility has been constructed in accordance with the accepted design
specifications.
(d) Final site inspection by City staff or City representative.
5.2 Street Width, Parking and Pedestrian/Bicycle Traffic. Lanigan Way shall be thirty-
four (34) feet wide to accommodate pedestrian and bicycle traffic. There shall be a
four (4) foot wide shoulder on the south side of the street reserved with “no parking
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this side” signage. The Developer agrees to add a cross-walk at Lanigan Way and
CR 121 to connect to the trail along CR 121.
5.3 Access and Temporary Cul-de-Sac. A temporary bituminous cul-de-sac shall be
constructed at the east end of the Plat in compliance with the approved construction
plans. An easement for the temporary cul-de-sac located on Lot 7, Block 2 shall be
recorded with the final plat. A building permit shall not be issued for Lot 7, Block 2
until such time that the temporary cul-de-sac is removed, the property and street are
reestablished meeting city specifications, and Lanigan Way extends and connects to
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12 Avenue and CR 121 aligning with Jade Road. Removal of the temporary cul-de-
sac and all costs associated with the construction, removal and reestablishment of the
property, street, curb, and right of way will be the sole responsibility of the
Developer. The temporary easement area shall be large enough to allow for the
construction of the cul-de-sac, in addition to snow storage.
5.4 Compliance with St. Joseph Code of Ordinances. The Property shall comply with the
City of St. Joseph Code of Ordinances. The R-4 District and wetland ordinance
setbacks apply. The Developer agrees that the building setbacks, including the fifty
(50) foot setback from the wetland line shall be met for all buildings, including but
not limited to detached accessory buildings and the justification and criteria for a
variance at present or in the future has not been met. The Developer further agrees to
communicate this to the buyer, including the type of buildings allowed and setbacks.
5.5 Building Permits. Prior to the issuance of a building permit for any lot on the
Property, the following must be completed:
(a) The improvements within the previous phase of Rivers Bend Plat 2 shall be
completed at the Developer’s expense, including the street lighting,
pedestrian crossing markings across CR 121 and the installation of the private
utilities (gas, telephone, electric, and cable).
(b) Rivers Bend Plat 2 must be approved and accepted by the City.
(c) The improvements contained in Section 4.1, herein, shall be completed and
approved by the City, with the exception that the hard surface driveways,
driveway concrete aprons and permanent turf establishment shall be required
prior to the issuance of a Certificate of Occupancy.
(d) An easement for the temporary cul-de-sac on Lot 7, Block 2 shall be
recorded.
6.0 GENERAL TERMS AND CONDITIONS
6.1 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.
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6.2 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.
6.3 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.
6.4 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
75 Callaway Street East
St. Joseph, MN 56374
If to the Developer at: CLC Partners, LLC
PO Box 99
St. Joseph, MN 56374
6.5 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.
6.6 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
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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.
6.7 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.
6.8 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 440. Private Wells will only be
permitted for irrigation purposes or outside aesthetics such as a fountain.
6.9 Certificate of Occupancy. The City will not issue certificates of occupancy for the
building until the building has been connected to sanitary sewer and water, complied
with the grading and building and site plans.
6.10 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 more.
(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.
6.11 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 and with the tasks on Exhibit E
designated as the Developer’s responsibility. In addition, the City may impose
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additional erosion control requirements if in the opinion of the City Engineer such
requirements are necessary to retain soil and prevent siltation of streams, ponds,
lakes, or other adjacent properties, or of City utility systems. The Developer shall
comply with the erosion control plans and with any such additional instruction it
receives from the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area.
Seed shall include rye grass or other fast growing seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be mulched and disc-
anchored as necessary for seed retention. The parties recognize that time is of the
essence in controlling erosion.
6.12 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 by field survey that the site grading has been
completed in accordance with the accepted grading plan submitted with the
preliminary plat documents, as modified by the construction plans. The
Developer shall submit the record site grading plan to the City for approval
within thirty (30) days of completion of the construction and before the
issuance of a building permit.
2. Elevations shall be taken on all lot corners, all buildings pads, and on
drainage breaks, ponding sites, ditches, and swales. Arrows shall show how
the lot is to drain.
3. The approved site grading plan shall become 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, as
determined by the City Engineer, those set forth on the Development Plan.
6.13 Ponds.
(a) Dedication of Pond Areas. The Developer will dedicate to the City public
drainage and utility easements for the property shown for storm water or
sedimentation and treatment pond purposes on the Preliminary Plat and/or as
required by the Plans and Specifications. Said dedication shall include an
access drive to the pond site. Developer will dedicate the drainage and storm
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sewer utility easements shown on the Preliminary Plat and/or as required by
the Plans and Specifications. The Developer agrees that all treatment and
sedimentation ponds and drainage easements as shown on the Preliminary
Plat or as required by the Plans and Specifications are required for the
development of the Development Property.
(b) Cleaning of Ponds. At such time as the City Director of Public Works
determines that construction on the Development Property has been
sufficiently completed so as not to cause significant erosion which will
contaminate the holding ponds servicing the Development Property,
Developer will clean/dredge all holding ponds and storm water pipes on the
Property. In the event the ponds require cleaning/dredging prior to the
completion of all such construction, the City Director of Public Works may
request that the Developer complete more than one cleaning of the storm
water ponds.
(c) Security Deposit. To insure that holding ponds serving the Development
Property are cleaned, and to insure that the Development is properly cleaned
pursuant to Section 5.1, the Developer will deposit with the City $5,000.00
(which shall be placed in an interest bearing account with interest accruing to
the benefit of the Developer) or provide the City with an irrevocable letter of
credit in form and substance acceptable to the City. Said deposit will be
refunded to Developer (or the letter of credit released) upon satisfactory
cleaning of holding ponds and streets on the Development Property. The
City Engineer may release portions of said deposit as ponds and streets are
cleaned. Developer is responsible for all permits relating to cleaning and
dredging of ponds, including permits required by the Department of Natural
Resources and the Army Corps of Engineers.
(d) Buffer Area Adjacent to Ponds. All ponds servicing the Development
Property whether such ponds are located on City owned property, easements
running in favor of the City or on private property must maintain a minimum
of an 8 foot natural buffer from the high water mark. Notwithstanding the
above, one access to each pond may be created by the City in a location
determined by the City in its sole discretion. Developer shall be responsible
for the cost of signage around said buffer areas indicating that the buffer is
part of a wetland restoration project which may not be distributed without the
written permission of the City. Said signs shall be posted in locations
reasonably determined by the City.
6.14 Street Lighting and Signage. Developer shall be responsible for the cost of purchase
and installation of street lights and street signs.
6.15 Wetlands. Upon completion of the site grading, the Developer shall place wetland
signs on any lots containing wetlands providing notice of the location of the wetland.
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The signs shall be in a form and size prescribed by the City and available for
purchase through the City Administrator/Clerk’s office. The location and number of
the signs for each lot shall be as required and approved by the City Engineer.
6.16 Storm Development Fee. The Property is subject to the Storm Water Development
fee which is $0.20 per square foot of developable property. Developable property
includes the entire development area, excluding wetlands and public street rights-of-
way. The Developer shall pay the Storm Development Fee prior to the recording of
the final plat.
6.17 SAC/WAC and Trunk Charges.
(a) Sewer and Water Access Charges. The Development is subject to sewer
access charges (SAC) and water access charges (WAC) regardless of whether
the Developer or City install the improvements on the Property or any part of
the Development Property. The Developer acknowledges that sewer and
water access charges will be payable at then current rates at the time building
permits are pulled for construction on the Property. The Developer agrees to
make buyers of the Property aware that such charges will payable at the time
the building permits are issued.
(b) Trunk Charges. The Development is subject to water trunk charges and sewer
trunk charges. The Developer acknowledges that the trunk charges will be
payable at then current rates at the time building permits are pulled for
construction on the Property. The Developer agrees to make buyers of the
Property aware that such charges will payable at the time the building permits
are issued.
6.18 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 have been met:
(a) The Developer is current on all requirements in this Developer Agreement.
(b) The As-built grading plan has been completed and all grading and erosion
and control items are current and met.
(c) Private utilities have been installed.
(d) All sanitary sewer and water main items have been tested and approved by
the City.
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(e) Storm sewer, concrete curb and gutter and bituminous base course have been
constructed to the project specifications.
(f) All valve box 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
snow plowing operations that restrict access to building site. Snow plowing in new
developments will typically be scheduled after other existing streets have been
plowed.
6.19 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.
6.20 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.
6.21 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.
6.22 Platting. The Developer must include all of the Development Property in the final
plat of the Development.
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6.23 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.
6.24 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.
6.25 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.
6.26 Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
6.27 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of
the State of Minnesota.
6.28 Representation. JKA, 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.
7.0 DEFAULT AND REMEDIES
7.1 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.
7.2 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).
7.3 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
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(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 ______________, 2017.
CITY OF ST. JOSEPH
By By
Judy Weyrens Rick Schulz
City Administrator Mayor
CLC PARTNERS, LLC, DEVELOPER AND LANDOWNER
By Date:
Its
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2017, 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
17
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2017, by
of CLC Partners, LLC, 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
THIS DOCUMENT DRAFTED BY:
City of St. Joseph
75 Callaway St. E
St. Joseph, MN 56374
(320) 363-7201
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EXHIBIT A
LEGAL DESCRIPTION
That part of Outlot G, Rivers Bend, according to the recorded plat thereof, Stearns County,
Minnesota described as follows:
Beginning at the northeast corner of Lot 3, Block 4, Rivers Bend Plat 2, according to the recorded
plat thereof; thence South 24 degrees 57 minutes 30 seconds West, record bearing, along the
easterly line of said Lot 3, a distance of 215.63 feet to the southeast corner of said Lot 3; thence
South 06 degrees 08 minutes 42 seconds West, along the easterly line of Lanigan Way Southeast,
formally known as Lanigan Avenue Southeast as dedicated on said Rivers Bend Plat 2, a distance of
63.39 feet to the northeast corner of Lot 2, Block 3, said Rivers Bend Plat 2; thence South 24
degrees 57 minutes 30 seconds West, along the easterly line of said Lot 2, a distance of 140.00 feet
to the southeast corner of said Lot 2 and the northerly line of Outlot A, said Rivers Bend Plat 2;
thence South 65 degrees 02 minutes 30 seconds East, along said northerly line of Outlot A, a
distance of 308.02 feet to the most easterly corner of said Outlot A; thence South 13 degrees 12
minutes 51 seconds West, along the most easterly line of said Outlot A, a distance of 21.11 feet to
the southeast corner of said Outlot A and the northerly right-of-way line of Stearns County Right-
of-Way Plat Number 19; thence South 76 degrees 47 minutes 09 seconds East, along said northerly
line, a distance of 91.57 feet; thence North 13 degrees 12 minutes 51 seconds East, along said
northerly line, a distance of 5.00 feet; thence South 76 degrees 47 minutes 09 seconds East, along
said northerly line, a distance of 222.85 feet; thence North 13 degrees 12 minutes 31 seconds East, a
distance of 148.06 feet; thence North 17 degrees 10 minutes 55 seconds East, a distance of 60.14
feet; thence North 13 degrees 12 minutes 31 seconds East, a distance of 194.43 feet; thence North
67 degrees 50 minutes 41 seconds West, a distance of 562.36 feet to the northeast corner of said Lot
3, Block 4, Rivers Bend Plat 2 and the point of beginning.
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EXHIBIT B
PLANS AND DRAWINGS
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EXHIBIT C
CONSTRUCTION DOCUMENT REQUIREMENTS
(1) Soils Analysis
Location map showing boring and piezometer locations
Soil boring logs
R-Values or Soil Factors used for design
Structural recommendations for streets and trails
(2) Engineer’s Preliminary Estimate and Final As-Built Costs
Itemized quantities
Unit prices
(3) Construction Plans
Title sheet with general location map and index
Typical Sections for streets, driveways, parking lots, trails, and landscape features
Typical Details for sanitary sewer, water main, storm sewer, sedimentation and holding ponds, curb
gutter and sidewalk, and erosion control items
Complete schedule for sanitary and storm sewer structures
Traffic Management Plan showing how construction traffic will be routed from the collector/arterial
network to the site, phasing plans, detours, and seasonal load restrictions
Grading and Surface Restoration Plan showing excavation/embankment balance, building pad
elevations, hold-downs, house types for each pad, spot elevations at lot corners, overflows, and other
critical areas, drainage arrows showing how all surface water is intended to drain, provisions for
private utility installation, and site access locations
Landscape Plan if shrubs, trees, or other plantings are to be provided
Erosion Control Plan
Striping, Signage, and Street Lighting Plan
Plan and profile sheets for streets and storm sewer, with match lines between sheets, including
temporary cul-de-sacs between phases, and any turning/bypass lane requirements of Stearns County.
Plan and profile sheets for sanitary sewer and water main, with match lines between sheets, showing
existing conditions and proposed construction, and showing stations for all stubs and service
connections
(4) Construction Specifications/Project Manual
Advertisement/Invitation for bids
Complete bid schedule
Basis of award if alternate bids are called for
Performance and payment bond forms approved by the City
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EXHIBIT C (continued)
General Conditions
Special/supplementary provisions including the following:
Contractor’s liability insurance
Related work at the site (private utilities, other contractors)
Correction period (2-year warranty)
Mediation as means for dispute resolution
Substantial and final completion dates (allow for holding off on wear course)
Ownership/disposition of excess excavation materials
Field office
Shop drawing and submittals process
Laboratory testing requirements including an itemized list of tests to be conducted
Soil borings
Storm Water Pollution Prevention Plan (SWPPP) including provisions for dewatering
(5) Operation and Maintenance Manuals
Documents for all mechanical and electrical equipment
(6) Record Drawings
Final modifications to details and typical sections
Final location for all pipes, valves, manholes, catch basins and sewer/water services
Final modifications to pipe sizes and materials
Final elevations for all pipe and structure inverts
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EXHIBIT D
CONSTRUCTION DOCUMENT SUBMITTAL
(1) Soils analysis
Two (2) bound copies submitted prior to design
(2) Engineer’s Preliminary Estimate
Seven (7) copies with plans and specifications
(3) Construction Plans
Seven (7) reduced scale (11”x17”) copies
Two large scale (22”x34”) copies
(4) Construction Specifications/Project Manual
Seven (7) bound copies
(5) Completed Bid Forms
Two (2) copies of the actual low bid
Two (2) copies of a complete tabulation of all bids submitted
(6) Contractor’s Bond and Insurance
Two (2) copies of the performance bond
Two (2) copies of the payment bond
Two (2) copies of the contractor’s insurance certificate
Two copies of the executed agreement between contractor and developer
(7) Permits
Two (2) executed copies of all permits
Two (2) executed copies of all storm water permit transfers or modifications
Two (2) executed copies of all storm water permit subdivision registrations
Two (2) copies of NPDES Transfer or Termination Form
(8) Schedule
Two (2) copies of contractor’s schedule including updates
(9) Shop Drawings and Change Orders
Two (2) copies of shop drawings with final revisions
Two (2) executed copies of all change orders and/or supplemental agreements
(10) Operation and Maintenance Manuals
Two (2) sets of bound documents
(11) Record Drawings
Two (2) reduced scale (11x17) copies
One (1) electronic copy in AutoCad or Microstation format
(12) Final itemized, as-built, construction costs and quantities for street, storm water, sanitary sewer and
watermain improvements.
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EXHIBIT E
EROSION CONTROL PROCESS
Task
Responsible Party Action By
Prepare SWPPP and obtain General Storm-Water Developer (private) or City Developer’s Engineer if private
Permit from MPCA. (public) project. project, City Engineer if public
project.
Establish erosion/sediment control and mass Developer (private) or City Contractor
grade the site. (public) project.
Place topsoil, seed, mulch except on boulevards Developer (private) or City Contractor
and front yard utility easements. Bring (public) project.
transformer pads to grade. Wait for private
utilities.
After curb and gutter is in, install private utilities Developer. Private Utility companies.
in easement area.
After utilities are in, construct sidewalk. Developer (private) or City Contractor
(public) project.
Place topsoil, seed, and mulch on remaining Developer (private) or City Contractor
disturbed areas. (public) project..
Complete “as-built” survey for all site grading. Developer (private) or City Developer’s Engineer if private
This now becomes the “Development Plan” (public) project. project, City Engineer if public
project.
Place silt fence behind curb (or sidewalk) Developer (private) or City Contractor
throughout development. (public) project.
Set Property Irons. Developer Developer’s Surveyor
Transfer permit to Developer when construction Developer (private) or City Developer’s Engineer if private
is complete. (public) project project, or City Engineer if public
project
Sell lot. Issue MPCA homeowner fact sheet, and Developer Developer
make Development Plan and SWPPP available to
Builder.
Submit building permit application. Include site Owner Builder
survey and MPCA “Subdivision Registration”.
Issue building permit. City Building Inspector
Construct 24’ wide opening in silt fence at Owner Builder
driveway and place rock entrance. Place
additional silt fence as necessary to keep soil on
lot.
Maintain silt fence and other erosion/sediment Developer, or Owner if sold. Developer, or Builder if sold.
control items.
Sweep streets as required. Developer Developer, or City if agreement to
back charge Developer.
Submit certified lot survey showing final Builder Builder
structures and lot elevations.
Issue Certificate of Occupancy. City City
Submit “Notice of Termination” to MPCA within Developer
Developer
30 days of final site stabilization and removal of
all non-builder silt fence and other
erosion/sediment control items.
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