HomeMy WebLinkAbout[08a] 2019 Industrial Park Improvement
Council Agenda Item 8a
MEETING DATE: June 3, 2019
AGENDA ITEM: 2019 Industrial Park Improvement
SUBMITTED BY: Administration/Engineering/Legal
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A
PREVIOUS COUNCIL ACTION: The City received $ 1,245,000 in BDPI funds from DEED to
help create a shovel ready industrial park. The City staff has been working with CLC Partners to
complete a final plat for the project.
BACKGROUND INFORMATION: Included in the information is the draft development agreement
and items of concern will be presented at the meeting.
ATTACHMENTS: Development Agreement
REQUESTED COUNCIL ACTION: Provide Direction.
CLC Partnership – Industrial Park
DEVELOPER AGREEMENT
CITY OF ST. JOSEPH, MINNESOTA
THIS AGREEMENT, made and entered into this _____ day of _______________, 2019, by and between
CLC Partners, LLC, and its heirs and assigns, 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 (herein after
called the “Property” or “Development” or “Development Property”), located within the City of
St. Joseph, Minnesota.
WHEREAS, the St. Joseph Economic Development Authority and the City have identified the need to
diversify the tax base, and in an effort to achieve that goal, the City applied for and has been awarded a
Business and Development Public Infrastructure (BDPI) grant from the Minnesota Department of
Employment and Economic Development in the amount of $ 1,245,000; and
WHEREAS, the City is working with the Developer to create shovel ready lots and the grant funding
awarded to the City will be used exclusively to offset some of the costs of the public infrastructure needed
for the development of the industrial park; and
WHEREAS, the Developer is responsible for all costs for the development of the Industrial Park which
are not covered through the grant proceeds.
WHEREAS, on March 4, 2019, the Developer received preliminary plat for the St. Joseph Industrial Park
to facilitate development of the Property with 33 lots which is to be developed in phases.
WHEREAS, on May 20, 2019 the Developer received final plat approval for the preliminary plat formerly
known as the St. Joseph Business Park, renamed to (the “Plat”).
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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 Subdivision, including, but not limited to construction of
improvements, legal, planning, surveying, engineering, construction observation and inspection expenses
incurred in connection with approval and acceptance of the Subdivision, the preparation of this
Agreement, and all costs and expenses incurred by the City in monitoring and inspecting development of
the Subdivision and improvements therein, unless otherwise provided herein.
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 PLAT APPROVAL
1.1 Request for Preliminary Plat and Final Plat. The Developer has asked the City to grant
approval of the Preliminary Plat and Final Plat for development of the Property entitled .
Approval of the Plat does not constitute site plan approval for individual lots and
structures. Site plan approval is required for all of the lots in the Plat prior to development.
1.2 Conditions of Plat Approval. The City, after requisite notice and hearing, has granted final
approval of the Plat subject to the terms and conditions of this Agreement.
1.3 Scope of Agreement. This Agreement, and the terms and conditions hereof, apply only to
the Development.
2.0 PLAT
2.1 Recording. The Developer will record the Plat and this Development Agreement with the
County at Developer’s expense within thirty (30) days of final plat approval, and will
forward confirmation of the recording of the documents to the City. The developer shall
not transfer lots prior to the recording of the final plat and the developers agreement. 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 payment of all
special assessments levied to the Development Property regardless if the special
assessments are re-distributed.
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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.
2.3 Permits. The Developer shall be responsible for obtaining all permits, approvals, licenses
or other documents for Private Improvements 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. The City shall be responsible for obtaining all
permits for the Public Improvements.
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 PUBLIC IMPROVEMENTS
4.1 Improvements. The Developer and all other persons having an interest in the Property or
persons that may be entitled to notice of these improvements and resulting special
assessments (hereinafter the Owners) hereby petition the City to construct those
improvements itemized below, (hereinafter the “Public Improvements”):
(a) Water distribution system including fire hydrants, valves, and appurtenances in
public streets and the adjacent, parallel public drainage and utility easement;
(b) Sanitary Sewer Collection System in public streets and the adjacent, parallel public
drainage and utility easement; DBL Labs Pump Station capacity improvements;
(c) Storm Sewer Collection System in public streets and the adjacent, parallel public
drainage and utility easement; and stormwater treatment ponds;
(d) Erosion Control associated with public improvement construction; and
(e) Bituminous streets with concrete curb and gutter
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(f) Pavement markings and signs designating pedestrian walkway, traffic directional
and parking, regulatory, and street name signs.
The Public Improvements itemized above shall include all necessary appurtenant items of
work as determined by the City.
4.2 Consent of Owners. The Developer represents to the City that they have consented to and
participated in the design of the Improvements requesting the same to be constructed. If, at
any time prior to the actual construction of the improvements and/or special assessments of
the improvements upon the property, the Developer elects to transfer any interest, whether
by option, purchase agreement or other transfer to a third part, it shall promptly give the
name and address of such person in whiting, to the City Administrator, disclosing the
interest transferred and the property affected. The parties holding legal or equitable
interest in the property comprising the Development are: CLC Partnership LLC.
4.3 Feasibility Determination: The City has prepared a Feasibility Report outlining the
proposed scope of work and estimated project costs. On March 04, 2019 the City Council
accepted the Feasibility Report and ordered the Improvement. The Developer was
provided notice of the Public Improvement Hearing which was conducted on March 18,
2019. At this same meeting the City Council ordered the improvement.
4.4 Payment of Improvement Costs. The City agrees to proceed with said Improvements.
Costs of the Improvements will be paid as follows:
(a) BDPI Funds. Grant proceeds from the Minnesota Department of Employment and
Economic Development will be used to offset the special assessments for Public
Improvements including Streets and Turf Establishment, Sanitary Sewer, Water
Main and Storm Sewer. The total grant funds equate to $ 1,245,000.00.
(b) Special Assessments. The City will levy special assessments against the Property
or development pursuant to the provisions of Minnesota Statutes Chapter 429.
i The Developer and Owners hereby waive their rights to the Assessment
Hearing normally held in accordance with said Chapter 429. The
Developer and Owners hereby waive their right to appeal said special
assessment to the District Court pursuant to Minnesota Statutes § 429.081.
ii The Developer agrees to pay for all costs of the improvements through
special assessments levied against the property.
iii The City will assess the property on a per acre basis for all costs not
covered through the grant proceeds.
4.5 Development Costs. The Development costs to be paid in accordance with Section 4 of
this agreement will include all construction costs, engineering, consultants, legal,
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insurance, administrative costs, fiscal costs (including capitalized interest), all costs
involved with the acquisition of easements or rights of way and all other contingent costs.
(a) The St. Joseph EDA has authorized the contribution of $ 40,000 towards
engineering fees or to help offset the cost of securing the right-of-way to access the
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Development from 19 Avenue. The maximum contribution is $ 40,000.
(b) The City will issue bonds/debt to cover 100 percent of the costs, less BDPI
proceeds, for construction of the Public Improvements identified in this agreement.
(c) The total cost of the improvements will be levied against the benefitting properties
payable over a ten year period at a rate of interest determined by the City after the
bonds have been issued.
4.6 Financial Obligations. The Developer shall be responsible for guaranteeing the payment of
the debt issued for the 2019 Industrial Park Improvements.
(a) In order to guarantee compliance with the terms and conditions of this Agreement
by payment of real estate taxes, including interest and penalties, and payment of
special assessments, the Developer shall furnish the City with a form of financial
guarantee acceptable to the City Attorney in the amount equal to the 80% percent
of the special assessments assessed against the Property. The financial guarantee
shall be for a term ending upon completion of payment of all special assessments.
(b) The city may draw down the security, without notice, if the special assessments are
not paid in full or if the special assessments are insufficient to pay the anticipated
bond payment schedule which anticipates that lots will be sold and special
assessments paid off before the maturity date of the assessments.
(c) The City will annually review the debt fund for the 2019 Industrial Park
Improvement to assure that the special assessment revenue meets the annual
financial obligation of the City. The Developer shall be allowed to reduce the
financial security annually so long as the amount of the security is no less than the
amount of the outstanding debt obligation against the development. (See Exhibit ___
for debt schedule).
(d) Should the Developer sell any part of the Property or Development to another party
prior to the assessment roll being filed with the County Auditor, the Developer
agrees that said sale shall include payment of all pending assessments, estimated or
actual for the Improvements with the City receiving funds upon closing.
4.7 Rights of Way. Developer shall dedicate to the City as platted right-of-way or perpetual
easement all rights-of-way necessary to install, operate, and maintain the Public
Improvements prior to being granted the right to proceed in accordance with
Paragraph 3.0.
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4.8 Ownership of Improvements. The Public Improvements will become the property of the
City when they have been formally accepted by the City for maintenance.
5.0 DEVELOPER-CONSTRUCTED IMPROVEMENTS
5.1 The Developer is responsible for acquiring the property necessary to provide public access
to the development including title to the underlying property, from County Road 133 (CR
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133) and from 19 Ave NE as illustrated on Exhibit ___. The Developer has agreed to
reimburse the City for all cost to secure access from CR 133, known as Westwood
Parkway, including all costs of eminent domain if necessary.
5.2 The Developer agrees to construct those improvements itemized below and as illustrated
on Exhibit (hereinafter known as the “Private Improvements”).
(a) Site grading of the individual building pads and lots.
(b) Building Services (with regard to extension of municipal utility services)
(c) Hard surfaced driveways and concrete aprons
(d) Private Utilities: All private utilities, including electric, telephone, cable and natural
gas must be installed within the Development.
(e) Public LED street intersection lighting on all public streets.
(f) Storm Water Runoff Treatment and Control on-Site
(g) Permanent turf establishment
(h) Mail boxes per the USPS guidelines
6.0 PHASED DEVELOPMENT
6.1 The Plat contains dedicated road right-of-way (portion of Street A, Street C and Street E)
that is to remain unimproved until further development occurs within, or adjacent to, the
subdivision.
6.2 The Developer shall dedicate to the City public easements for construction and use of
temporary cul-de-sacs on Street A and Street C.
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6.3 The Developer acknowledges that upon the construction of Street E, east of 21 Avenue,
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the full access intersection at the 21 Avenue and Westwood Parkway shall be closed, and
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only right-in/right-out access at Westwood Parkway will be permitted from 21 Avenue.
There shall be no direct access to individual lots from Westwood Parkway.
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6.4 The Developer may elect to delay construction of the pedestrian trails along Westwood
Parkway; the Developer so elects, the Developer shall contribute an amount to the City
equivalent to the construction costs of said trails based upon the construction bids accepted
by the City.
7.0 BUILDING AND SITE DESIGN.
7.1 LI-Light Industrial District Ordinance Applicable. The Development must meet all
requirements under the City of St. Joseph LI-Light Industrial District Ordinance.
7.2 Building Code Compliance. All buildings and accessory buildings shall be constructed in
accordance with the Minnesota State Building Code as adopted and modified by the City
Code.
7.3 Waste Handling Screening. All waste and related handling equipment shall be stored and
kept in a four sided enclosure constructed of a brick, stone, decorative concrete or a
material compatible with the material of the principal structure.
7.4 Parking Lots. Off-street parking shall be provided in compliance with City Code and shall
be a hard surface material of bituminous or concrete and include B612 curb and gutter.
7.5 Fire Access and Lock Box. Before issuance of a Certificate of Occupancy, all buildings
must have installed a Fire Lock Box approved by the Building Official.
7.6 Lighting. The Developer must provide lighting to illuminate off street parking and access
roads. Lighting shall be provided in accordance with the City Code.
7.7 Signage. Any signage shall be in compliance with the City Ordinance.
7.8 Site Preparation. The Developer shall comply with erosion control methods ordered by the
City for the prevention of damage to adjacent property and the control of surface water
runoff. As the Development progresses, the City may impose additional erosion control
and storm water management requirements if in the opinion of the City Engineer such
requirements are necessary.
7.9 Storm Water. The Developer shall provide the City Engineer with detailed plans for
managing and treating storm water runoff and control on site for review and approval.
7.10 Site Plan Approval. Prior to construction, site plan approval shall be required for each lot.
The Development plans must be submitted to the city for review and must conform to city
ordinances.
8.0 PROJECT SPECIFIC REQUIREMENTS
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8.1 Storm Water Facility Maintenance Agreement. Prior to the recording of the final plat, the
Developer shall enter into a storm water facility maintenance agreement for any private
storm water facilities, which shall be recorded with Stearns County.
8.2 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.
8.3 Storm Development Fee. The property is subject to the Storm Water Development
fee which is $0.20 per square foot of developable property to be payable at
execution of this Agreement and prior to release of final plat for recording.
(a) Developable Property. Developable property includes the entire
development area, excluding wetlands and public street rights-of-way. The
total developable property, based on the final plat is 58.079 acres or
2,529,921.24 square feet, totaling $ 505,984.25.
(b) Net Credit. The Developer will be given credit for acceptable stormwater
infrastructure expenditures placed into the City storm water system as
approved by the City Engineer. The Developer shall not be entitled to
storm water credits for storm water infrastructure costs paid by the City.
8.4 Park Dedication Fee. The Development is subject to a park dedication fee. The
Developer shall pay the park dedication fee at two percent of the average land value
at time of execution of this Agreement prior to the recording of the final plat. Such
land value shall be the average fair market of the un-improved land values prior to
the installation of improvements. The average land value for agricultural property
in Stearns County is $ 4,500 per acre. The Development site is 65.57 acres,
equating to a Park Development fee of $ 5,291.
8.5 Utilities. Facilities constructed within the development shall be required to connect
to the municipal water and sanitary sewer system and shall pay connection fees as
established in Ordinance 44. Private Wells will only be permitted for irrigation
purposes or outside aesthetics such as a fountain.
8.6 SAC/WAC. The Development is subject to sewer and water access charges to be
payable at then current rates at the time building permits are issued for construction
of the Property. Developer agrees to make buyers and/or future tenants of the
Property aware that such charges will be payable at time of issuance of building
permits.
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8.7 Trunk Sewer Fee. The Development is subject to the DBL Labs Trunk Sewer fee
to be payable at the time of building permit issuance. Developer agrees to make
buyers and/or future tenants of the Property aware that such charges will be payable
at time of issuance of building permit.
8.8 Building Permits. The Developer and or property representative shall be allowed to
secure a building permit for Lot 00 Block 00 before the first lift of pavement is
completed. Building permits will not be issued for any other lot until the first lift of
pavement is completed and the City Engineer has determined the site is ready for
development.
9.0 GENERAL TERMS AND CONDITIONS
9.1 Attorney Fees. The Developer agrees to pay the City reasonable attorney’s fees, to be
fixed by the Court, in the event that suit or action is brought to enforce the terms of this
Agreement.
9.2 Proof of Title. The Developer hereby warrants and represents to the City, as inducement to
the City’s entering into this Agreement, that the Developer’s interest in the Development is
fee owner. Prior to execution of this Agreement, the Developer shall provide the City with
a title opinion prepared by a licensed attorney and directed to the City stating the condition
of title of the property, or other proof of title acceptable to the City in the form of a Title
Commitment issued by a Title Insurance Company.
9.3 Binding Effect on Parties and Successors. The terms and provisions of this Agreement
shall be binding upon and accrue to the benefit of the heirs, representatives, successors,
and assigns of the parties hereto and shall be binding upon all future owners of all or any
part of the Development and shall be deemed covenants running with the land. Reference
herein to Developer, if there be more than one, shall mean each and all of them. This
Agreement, at the option of the City, shall be placed on record so as to give notice hereof
to subsequent purchasers and encumbrances of all or any part of the Development and all
recording fees shall be paid by the Developer.
9.4 Notice. Any notices permitted or required to be given or made pursuant to this Agreement
shall be delivered personally or mailed by United States mail to the addresses set forth in
this paragraph, by certified or registered mail. Such notices, demand, or payment shall be
deemed timely given or made when delivered personally or deposited in the United States
mail in accordance with the above. Addresses of the parties hereto are as follows:
If to the City at: City Administrator
City of St. Joseph
75 Callaway Street East
St. Joseph, MN 56374
If to the Developer at: CLC Partners, LLC
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PO Box 99
St. Joseph, MN 56374
9.5 Incorporation of Documents by Reference. All general and special conditions, plans,
special provisions, proposals, specifications, and contracts for the improvements furnished
and let pursuant to this Agreement shall be and hereby are made a part of this Agreement
by reference as if fully set out herein in full.
9.6 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.
9.7 License to Enter Land. The Developer hereby grants the City, its agents, employees,
officers, and contractors a license to enter the Property to perform all work and/or
inspections deemed appropriate by the City during the development of the Property.
9.8 Streets.
(a) 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.
(b) Any damage to existing City streets due to construction activities within the
development shall be repaired to the satisfaction of the City at the Developer’s
expense.
9.9 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 ___designated as the
Developer’s responsibility. In addition, the City may impose additional erosion control
requirements if in the opinion of the City Engineer such requirements are necessary to
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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.
9.10 Site Grading.
(a) Site grading shall meet all of the requirements set forth in the City’s Development
Manual, and in the General Storm Water Permit for construction.
(b) When the site grading has been completed:
1. The Developer shall verify 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 grading plan shall identify the lot and structure elevations and the
Developer shall provide a copy of the approved grading plan to subsequent
owners and builders of the lots. 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.
(c) No permanent material stockpile of any sort will be permitted within the
subdivision. Temporary stockpiles shall be placed outside of the public right of
ways and easements, and shall be limited to suitable grading and construction
materials generated from within the subdivision and for use in the grading of the
present subdivision phase. Excess materials not reserved for the present phase of
development, as defined by the City accepted grading plan, shall be removed from
the site. Temporary stockpiles shall be limited to a maximum of twelve (12) feet
in height and for a duration not to exceed three years (36) months.
9.11 Ponds.
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(a) Dedication of Pond Areas. The Developer will provide easements for all
stormwater ponds and/or dedicate to the City public outlots 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 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 9.11 (b), 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.
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9.12 Ongoing Duties and Responsibilities. The Acceptance of the Improvements contracted in
accordance herewith by the City does not release the Developer from ongoing duties or
responsibilities arising under this contract.
9.13 Reimbursement of City’s Costs. The Developer shall reimburse the City for all costs,
including all reasonable engineering, legal, planning, and administrative expenses, incurred
by the City in connection with all matters relating to the negotiation, administration, and
enforcement of this Agreement and its performance by the Developer. The Developer
shall also reimburse the City for any add-to-construction costs to include change orders
approved by the City related to the public improvements. Such reimbursement shall be
made within 14 days of the date of mailing the City’s notice of costs. If such
reimbursement is not made, the City may place a hold on all construction or other work
related to the Development, or refuses the issuance of building permits until all costs are
paid in full.
9.14 Platting. The Developer must include all of the Development Property in the final plat of
the Development.
9.15 Utility Location. The Developer agrees that all utilities within the Development will be
installed underground, including without limitations electrical, telephone, cable television,
and natural gas.
9.16 Plat Dedication. Upon approval and execution of this Agreement, the City shall approve
the final plat provided it otherwise meets the requirements of the City’s Ordinance
governing Subdivisions. If the Plat contains the dedication of an easement, the use of
property within the area of an easement is specifically restricted by prohibiting the
construction of any structure or fence, planting trees or shrubs, or storing of personal
property within the area of the easement which could delay, restrict, or impede access
within the easement area by a person or vehicle.
9.17 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.
9.18 Integration. This Agreement contains all of the understandings and agreements between
the parties. This Agreement may not be amended, changed, or modified without the
express, written consent of the parties hereto.
9.19 Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
9.20 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the
State of Minnesota.
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9.21 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.
10.0 DEFAULT AND REMEDIES
10.1 Default. Failure by the Developer to observe and perform any covenant, condition, or
obligation contained in this Agreement shall be considered a default by the Developer
under this Agreement.
10.2 Right to Cure. The City shall give the Developer written notice of any default under this
Agreement. The Developer shall have 10 days in which to cure the default (or in which to
commence good-faith efforts to cure if the default is one which cannot reasonably be cured
in 10 days).
10.3 Remedies. If an event of default is not cured by the Developer within the applicable cure
period, the City may do any, all, or any combination of the following:
(a) halt all further approvals regarding improvements or issuance of building permits
or occupancy permits relating to the Development Property;
(b) seek injunctive relief; and
(c) take any other action at law or in equity, which may be available to the City.
Signed and executed by the parties hereto on this ____ day of ______________, 2019.
CITY OF ST. JOSEPH
By
Rick Schulz
Mayor
By
Judy Weyrens
City Administrator
CLC Partners, LLC,
DEVELOPER AND LANDOWNER
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STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2019, 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
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2019, by ,
its and , its
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
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THIS DOCUMENT DRAFTED BY:
City of St. Joseph
75 Callaway St. E
St. Joseph, MN 56374
(320) 363-7201
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