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HomeMy WebLinkAbout09.13.21 www.cityofstjoseph.com St. Joseph Planning Commission Monday, September 13, 2021 6:00 PM St. Joseph Council Chambers 75 Callaway St E **The meeting will also be available through Zoom** 1.Call to Order 2.Pledge of Allegiance 3.Agenda Review and Adoption th 4.Approve Minutes – June 14, 2021 5.New Business a.Vacation of easement – Northland Business Center b.Vacation of a portion of ROW – Northland Business Center c.Final plat – Northland Business Center Second Addition 6.Old Business 7.Other Business 8.Adjourn ZOOM INFORMATION Join Zoom Meeting https://us06web.zoom.us/j/82081953995?pwd=NmFZWmZkbUVobVJDV2J4czRvT2JmUT09 Meeting ID: 820 8195 3995 Passcode: 578910 One tap mobile +13126266799,,82081953995#,,,,*578910# US (Chicago) +19292056099,,82081953995#,,,,*578910# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US (Tacoma) Meeting ID: 820 8195 3995 Passcode: 578910 Find your local number: https://us06web.zoom.us/u/kttaSVSeY 75 Callaway Street East | Saint Joseph, Minnesota 56374 11 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363-0342 th June 14, 2021 Page 1 of 1 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met on Monday, June 14th, 2021 at 6:01 PM. in the St. Joseph City Hall opening with the Pledge of Allegiance. PlanningCommissionMembers Present:CommissionersMike Osterman, Mike Ross, Anne Jarrell, Gina Dullinger, Brian Theisen Staff Present: Nate Keller Community Development Director Members Absent: Anne Jarrell, Chad Hausmann, Carmie Mick Approval of the Agenda: Theisenmade a motion to approve the agenda. The motion was seconded by Ross and passed unanimously by those present. Approval of the Minutes: Dullinger made a motion to approve the minutes of May 10th, 2021. The motion was seconded by Ross and passed unanimously by those present. New Business a.Public Hearing, Patio and Sidewalk Café ordinance amendments Keller provided an overview of the proposed amendment which would eliminate the size restriction for outdoor patios. Dullinger opened Public Hearing at 6:03 P.M.. Hausmann closed the Public Hearing at 6:04 P.M. Dullinger made a motion to approve the Patio and Sidewalk Café ordinance amendments. The motion was seconded by Ross. The motion was then passed unanimously by those present. Old Business None Other Business Keller briefed the Commission on a potential upcoming rezone. Adjourn: Dullinger moved to adjourn the meeting at 6:04 PM. The motion was seconded by Theisen and the motion carried. Nate Keller Community Development Director 22 Planning Commission Agenda Item 5 a, b, c th MEETING DATE: September 13, 2021 AGENDA ITEM: 5a) Vacation of interior easements 5b) Vacation of portion of ROW 5c) Final Plat – Northland Business Center Second Addition SUBMITTED BY: Nate Keller, Community Development Director STAFFRECOMMENDATION: Approve Plat, vacation of ROW, and vacation of easements PREVIOUS PLANNING COMMISSION ACTION: The two subject lots were approved as part of the Northland Business Center plat in Feb. 2019 by PC and June 2019 by Council. BACKGROUND INFORMATION: Final plat Applicant Information: Kevin Cox and Cory Ehlert CLC Partners Existing Zoning: LI Light Industrial District Future Land Use: Light Industrial stth Location: East of 21Ave NE and West of future 24Ave NE Civil:Engineering comments are pending stth Access: The site would have access off of 21Ave Ne and 24Ave. NE. WCA/Wetlands:No wetlands exist within the parcel Overall Plat Information: Lot 1, Block 1 197,020 SF (4.52 acres) Lot 2, Block 1 435,812 SF (10 acres) Right of Way133,217 SF (3.06 acres) Drainage and Utility Easements: Standard 12’ and 6’ easements are proposed around the perimeter of the lots and will be dedicated as part of the plat. Vacation of ROW and Easements Proposed as part of this plat is to vacate interior easements previously dedicated with the original plat and th vacate portions of ROW to allow for the readjustment of 24Ave NE into a T-intersection. th The public hearings for the vacations will be conducted at the September 20 City Council meeting. Developers’ agreement The proposal is essential a re-plat however the city’s Subdivision standards still require a Developers Agreement for any Final plat (per Ordinance 540 Subd. 14 Section B) Ordinance reference: “City/Developer Agreement. Prior to the installation of required improvements and prior to approval of the Final Plat, the subdivider-developer shall enter into a contract with the City requiring that the subdivider-developer furnish and construct said improvements at his or her expense and in accordance with plans and specifications to be approved by the City Engineer. The City/Developer contract shall stipulatethe type and extent of the improvements to be constructed, the cost of construction, the construction time schedule, the City's authority to inspect the 33 construction and the amount of the escrow deposit performance bond, warranty bond and labor and materialman bondto be furnished. “ As such a drafted DA is included in packet. Within the DA requirements for any necessary th improvements will be documented. This includes extending 24 AVE NE to the terminus of lot 1, and lot 2, block 1 of the subject plat. In addition, sewer and water trunk fees will be due to the city by the developer (these fees were not paid in the original plat). No Park dedication fees will apply (already paid st as part of the 1 plat.) BUDGET/FISCAL IMPACT: none ATTACHMENTS: Vacation of easements exhibit Vacation resolution for easements Vacation of ROW exhibit Vacation of ROW resolution Final plat Final plat resolution Applications Developers Agreement REQUESTED PLANNING COMMISSION ACTION: Motion 1 Recommend approval on the resolution to vacate interior easements. Motion 2 Recommend approval on the resolution to vacate portions of right of way. Motion 3 Recommend approval on the Final Plat resolution for Northland Business Center Second Addition. 44 55 66 1 OF 8/30/2021 1 DATE: SHEETNUMBER: 240' 120' PROJECTNUMBER:0014445.03 SKETCH 0' ANDDESCRIPTION EASEMENTVACATION Alldrainageandutilityeasementsover,underandacrossOutlotF,OutlotG recordedplatthereof,StearnsCounty,Minnesota. andLots5and6,Block3NORTHLANDBUSINESSCENTER,accordingtothe LEGALDESCRIPTION-EASEMENTVACATION TollFree(800)270-9495 Phone(320)253-9495370112thStreetNorth,Suite206Fax(320)358-2001St.Cloud,MN56303 77 ST.JOSEPH,MN NORTHLANDBUSINESSCENTER ... CRF NAS DESIGNED:CHECKED:DRAWN:FIELDCREW:FIELDWORKDATE: ©2020WestwoodProfessionalServices,Inc. N:\\0014445.03\\DWG\\SURVEY\\0014445.03 V-ESMT VAC SKETCH.DWG 1 OF 8/30/2021 1 DATE: SHEETNUMBER: 240' 120' PROJECTNUMBER:0014445.03 0' ANDDESCRIPTION R/WVACATIONSKETCH Allthatpartof24thAvenueNortheastasdedicatedontheplatofNORTHLANDANDAllthatpartofFirStreetEastasdedicatedontheplatofNORTHLAND BUSINESSCENTER,accordingtotherecordedplatthereof,StearnsCounty,MinnesotawhichliessoutherlyoftheeasterlyextensionofthenorthlineofLot5,Block3saidNORTHLANDBUSINESSCENTER.BUSINESSCENTER,accordingtotherec ordedplatthereof,StearnsCounty,MinnesotawhichlieseasterlyofthesoutherlyextensionofthewestlineofLot6,Block3saidNORTHLANDBUSINESSCENTER. LEGALDESCRIPTION-PROPOSEDRIGHTOFWAYVACATION TollFree(800)270-9495 Phone(320)253-9495370112thStreetNorth,Suite206Fax(320)358-2001St.Cloud,MN56303 88 ST.JOSEPH,MN NORTHLANDBUSINESSCENTER ... CRF NAS DESIGNED:CHECKED:DRAWN:FIELDCREW:FIELDWORKDATE: ©2021WestwoodProfessionalServices,Inc. N:\\0014445.03\\DWG\\SURVEY\\0014445.03 V-ROW VAC SKETCH.DWG RESOLUTION 2021- RESOLUTION VACATING EASEMENTS AS LEGALLY DESCRIBED FOR LOT 006, LOT 005, BLOCK 003 AND OUTLOT F AND G OF NORTHLAND BUSINESS CENTER th WHEREAS, the City Council of the city of St. Joseph held a public hearing on September 20, 2021 following a publication, mailed and posted notice for the purpose of hearing those present to consider the vacation of drainage and utility easements; and WHEREAS, the easements to bevacated are legally described as: All drainage and utility easements over, under and across Outlot F, Outlot G and Lots 5 and 6, Block 3 NORTHLAND BUSINESS CENTER, according to the recorded plat thereof, Stearns County, Minnesota; and WHEREAS, it appeared in the best interests of the public and the City of St. Joseph that such a vacation of easements be vacated and discontinued; and WHEREAS, new interior easements will be dedicated as part of the plat for Northland Business nd Addition which is a re-plat of Lot 006, Lot 005, Block 003 and Outlot F of Northland Center 2 Business Center; and BE IT RESOLVED that the City Administrator and Mayor are hereby authorized to execute the vacation of easements; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA, duly assembled that the following described easements hereby vacated to wit: All drainage and utility easements over, under and across Outlot F, OutlotG and Lots 5 and 6, Block 3 NORTHLAND BUSINESS CENTER, according to the recorded plat thereof, Stearns County, Minnesota Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this ______day of____________, 2021. CITY OF ST. JOSEPH By Rick Schultz, Mayor ATTEST By Therese Haffner, City Administrator 99 RESOLUTION 2021- TH RESOLUTION VACATING PORTIONS OF THE RIGHT OF WAY FOR 24AVE NE IN SAINT JOSEPH, MINNESOTA th WHEREAS, the City Council of the city of St. Joseph held a public hearing on September 20, 2021 following a publication, mailed and posted notice for the purpose of hearing those present th to consider the vacation of portions of right of way for 24Ave NE; and WHEREAS,the proposed area of right of way to be vacated is legally described as: All that part of 24th Avenue Northeast as dedicated on the plat of NORTHLAND BUSINESS CENTER, according to the recorded plat thereof, Stearns County, Minnesota which lies southerly of the easterly extension of the north line of Lot 5, Block 3 said NORTHLAND BUSINESS CENTER. AND All that part of Fir Street East as dedicated on the plat of NORTHLAND BUSINESS CENTER, according to the recorded plat thereof, Stearns County, Minnesota which lies easterly of the southerly extension of the west line of Lot 6, Block 3 said NORTHLAND BUSINESS CENTER. WHEREAS, it appeared in the best interests of the public and the City of St. Joseph that such a th Ave NE; and vacation of right of way occur due to the realignment of 24 th WHEREAS, additional right of way for 24Ave NE will be dedicated as part of the plat titled “Northland Business Center Second Addition; and BE IT RESOLVED that the City Administrator and Mayor are hereby authorized to execute the vacation of right of way; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA, duly assembled that the following described right of way hereby vacated to wit: All that part of 24th Avenue Northeast as dedicated on the plat of NORTHLAND BUSINESS CENTER, according to the recorded plat thereof, Stearns County, Minnesota which lies southerly of the easterly extension of the north line of Lot 5, Block 3 said NORTHLAND BUSINESS CENTER. AND All that part of Fir Street East as dedicated on the plat of NORTHLAND BUSINESS CENTER, according to the recorded plat thereof, Stearns County, Minnesota which lies easterly of the southerly extension of the west line of Lot 6, Block 3 said NORTHLAND BUSINESS CENTER. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this ______day of____________, 2021. CITY OF ST. JOSEPH By Rick Schultz, Mayor ATTEST By Therese Haffner, City Administrator 1010 1111 1212 1313 180 120 SCALEINFEET 60 0 1415 NORTHLANDBUSINESSCENTER2NDADDITION 12 6 (NOSCALE) 6 ARESHOWNTHUS: 12 DRAINAGEANDUTILITYEASEMENTS LINESAND12FEETINWIDTHADJOININGSTREET LINESUNLESSOTHERWISEINDICATEDONTHEPLAT. EASEMENTSBEING6FEETINWIDTHADJOININGLOT 4.52AC 10.00AC3.06AC17.58AC BLOCK1 AREASUMMARY:± R/W=133,217S.F. LOT1=197,020S.F.LOT2=435,812S.F. TOTAL=766,049S.F. NORTHLAND BUSINESS CENTER SECOND ADDITION FINAL DEVELOPMENT AGREEMENT CITY OF ST. JOSEPH, MINNESOTA THIS AGREEMENT made effective the day of , 2021, by and between theCity of St. Joseph, a municipal corporation of the State of Minnesota (the “City”), and CLC Partners LLC, a Minnesota Limited Liability Company (“Developer”). RECITALS A.The Developer has the right to develop the property situated in the City of St. Joseph and legally described on the attached EXHIBIT A (the “Subject Property”). B.The proposed plat is a re-plat from a previous approved plat titled “Northland Business Center” th which was approved BY St. Joseph City Council on June 24, 2019. C.On September 20th, 2021 the City approved the final plat of the Subject Property known as Northland Business Center Second Addition(the “Plat”), which approval is contingent on the terms and conditions of this Agreement, including the Developer and the City entering into this Agreement. D.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. NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the City and Developer agree as follows: 1 1516 1.0REQUEST FOR ANDCONDITIONS OF PLAT APPROVAL 1.1 Request forFinalPlat. The Developer has asked the City to grant approval of the Final Plat for development of the Property entitled Northland Business Center Second Addition. Approval of the Platdoes not constitute site plan approval for individual lots and structures. Siteplan 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 Platsubject 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. 2.0PLAT 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 and City will cooperate 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. An electronic copy of the recorded, final plat shall be submitted to the City Engineer in AutoCAD and Adobe PDF formats. 2.2Monuments. The Developer will install Plat monuments for the Subject Property within one year after recording the Plat. No Certificate of Occupancy will be issued for the Subject Property 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 from any and all necessary governmental agencies, as applicable, (including but not limited to the City, Stearns County, the Pollution Control Agency, the Department of Health,and the Department of Natural Resources, Watershed District, and Northern Natural Gas)so as to enable the development of the Subject Property. 3.0RIGHT TO PROCEED Within the Plat, or within the public rights of way, 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: (a) this Agreement has been fully executed by both parties and filed with the County. (b) Developer has deposited all escrows required by this Agreement. 2 1617 4.0PUBLIC IMPROVEMENTS 4.1 IMPROVEMENTS It is understood and agreed that the purpose of this Development Agreement is to define the responsibilities for the public infrastructure improvements adjacent to the property described in Exhibit A and clearly defining the development expectations of the land known as Exhibit A. 4.2 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)Storm Sewer Collection System in public streets and the adjacent, parallel public drainage and utility easement; and stormwater treatment ponds; The storm sewer system for the purposes of this agreement shall be extended from the current th terminus on Fir St to 24AVE NE terminating east ofthe Northern boundary between lot 2, block 1 of “the plat” and lot 1, block 1 of “the plat”as shown in Exhibit __ (b)Paved asphalt streets with concrete curb and gutter; for the purposes of this th agreement the street shall be extended from the current terminus on Fir St to 24 Ave NE terminating east of thenorthern boundary between lot 2, block 1 of “the plat” and lot 1, block 1, of “the plat” as shown inExhibit _D. This requirement follows the requirements depicted in section 6.1 in theoriginal Northland Business Center plat developers agreement which required dedicated road right-of-way to be constructed once development occurs within, or adjacent to, the subdivision area. (c)Pavement markings and signs designating pedestrian walkway, traffic directional and parking, regulatory, and street name signs. 4.3 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 shallpromptly 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. 4.4 Payment of Improvement Costs.The cityagrees to proceed with said Improvements. Costs of the Improvements will be paid as follows: A) Special Assessments. The City will levy special assessments against the Property or development pursuant to the provisions of Minnesota Statutes § 429.031, subd. 3. 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. 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, insurance, administrative costs, fiscal 3 1718 costs (including capitalized interest), all costs involved with the acquisition of easements or rights of way and all other contingent costs. 4.6 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. 4.7Ownership of Improvements. Developer will dedicate to the City, after their completion, all water and sanitary sewer mains,storm sewer mains, roadways and other structures located in the right-of- way on the Plat. Developer shall 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 roadways, trails, sewer, and water mains, storm sewers, holding and sedimentation ponds and other public improvements located in the Plat. 4.8 Private Utilities. All private utilities (e.g. electric, telephone, cable television and natural gas) must be installed underground within a common area serving the Subject Property at the Developer’s expense. Developer is responsible for contacting utility companies for service to the Subject Property. 4.9 Hard Surfaced Private Driveways. Hard surface access private drive(s) and parking lots located on the Subject Property in accordance with the plans approved by the City with the building permit are a requirement and must be installed prior to the Certificate of Occupancy being issued or as soon thereafter as possible, weather permitting. All parking areas shall be hard surfaced and meet all applicable sections of Zoning Ordinance 502.10 Off Street Parking. 5.0COMPLETION TIMELINE Completion Timeline. 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 on or before the following st dates: October 31, 2022 6.0BUILDING AND SITE DESIGN. 6.1 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. 6.2 LI-Light Industrial District Ordinance Applicable. The Development must meet all requirements under the City of St. Joseph LI-Light Industrial District Ordinance. 6.1Security. Itis agreed that the City has the right, privilege and authority as a condition precedent to the approval of the Plans and approval of the Plat to prescribe design requirements for Improvements within the Plat. Developer will provide and maintain an unconditional irrevocable Letter of Credit in a form acceptable to the city in the amount of ________ which may be adjusted to 100% of bid construction costs when known and agreed to by the City Engineer to guarantee timely and satisfactory construction of the Improvements and Developer’s performance of all terms of this Agreement.Upon completion, inspection, and acceptance by the City of the Improvements, the Letter of Credit will be released. The Letter of Credit will be provided to the City upon execution of this Development Agreement. The City may draw on the Letter of Credit, without notice and at the Bank’s branch office in or nearest to St. Cloud, Minnesota, at any time and during any term if this Development Agreement remains unfulfilled by the Developeror if such letter of credit is not renewed as required. The city will have the right to enter upon the Subject Property to inspect work or complete all or a portion of the project as necessary. In the event the city does any such work, the City may, in addition to its other remedies, asses the cost in whole or in part. 4 1819 7.0 STORM WATER TREATMENT AREAS AND STORM WATER PIPES 7.1 Cleaning of Stormwater Facilities. At such time as the City determines that construction on the Subject Property has been sufficiently completed so as not to cause significant erosion which will contaminate the storm water treatment areas servicing the Subject Property, the Developer willclean/dredge all storm water treatment areas and storm water pipes on the Subject Property. In the event the treatment areas require cleaning/dredging prior to the completion of all such construction, the City may request that the Developer complete morethan one cleaning of the treatment areas. Developer is responsible for all permits relating to cleaning and dredging of treatment areas and pipes, including permits required by the Department of Natural Resources and the Army Corps of Engineers, as applicable. 7.2 Buffer Area Adjacent to Ponds. All storm water ponds servicing the Subject 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 required by the City in a location determined by the City in its sole discretion. 7.3 Maintenance of Stormwater Improvements. Prior to issuance of a buildingpermit, the Developer shall enter into a storm water facility maintenance agreement. The Developer shall be responsible for maintaining the stormwater facilities and for observing all drainage laws governing the operation and maintenance of the stormwaterfacilities. The Developer shall provide the City with a schedule that is reasonably acceptable to the City for the periodic inspection of the stormwater facilities by the Developer. The Developer shall make all such scheduled inspections, keep records of all inspections and maintenance activities, and submit such records annually to the City upon its request. The cost of all inspections and maintenance, including but not limited to skimming and cleaning the stormwater facilities, shall be the obligation of the Developer and its successors. 7.4 Stormwater Management. Prior to issuing the Certificate of Occupancy, the following must be completed: A.Submittal of as-built record drawings of the stormwater facilities. 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 storm water plans and specifications submitted and approved by the City with the issuance of the building permit. D.Final site inspection by City staff or City representative. 8.0PROJECT SPECIFIC REQUIREMENTS 7.1 Area Charges.Water, sanitary trunk charges are to be paid before site plan approval is given to the area described in Exhibit A and will be based on 632,832 square feet or 14.52 acres (total lot area and does not include ROW or outlots) Reduced or waived fee’s may be considered by the St. Joseph City Council. 7.2 Sanitary Sewer Trunk Charges. The Development is subject to the DBL Trunk Sewer fee. The established fee is$800 per acre for Commercial/Industrial properties within the Industrial Park Lift Station (DBL). The plat is a total of 14.52 acres (not including right of way). Therefore, the charge would be: $12,000. Reduced or waived fee’s may be considered by the St. Joseph City Council. 5 1920 7.3 Water Trunk Charges. The Developer agrees to pay Water Trunk Charges in accordance to rates indicated in the City’s fee schedule. The fee schedule requires _____per acre for Commercial/Industrial land. Reduced or waived fee’s may be considered by the St. Joseph City Council at the time of site plan. 7.4 Park Fees. The Developer has already paid Park Dedication fees as part of the Northland Business Center plat therefore no park dedication fees apply. 7.5 SAC/WAC. The Developer acknowledges that sewer and water access charges will be payable at the current rates at the time building permits are issued for construction on the Subject Property. 7.6 Storm Water Development Fees. The property is not subject to Storm Water Development fees. 7.7 Utilities. Facilities constructed within the development shall be required to connect to the municipal water and sanitary sewer system. Private Wells will only be permitted for irrigation purposes or outside aesthetics such as a fountain. 7.8Streets. 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. 7.9 Erosion Control. A.The Developer shall comply with all requirements of the “General Storm Water Permit for Construction Activity” issued by the Minnesota Pollution Control Agency and with all requirements of the Sauk River Watershed District permit, if applicable, for construction activities and with the tasks on Exhibit A 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 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. 8.0 GENERAL TERMS AND CONDITIONS 8.1 Representations. The Developer represents, to the best of its knowledge, that the Plat complies with all city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations and permits thereto related. Prior to recording of the Plat, if the City determines that the Plat does not comply, the City may refuse to allow construction work in the Plat until compliance is achieved. 6 2021 8.2 Assignment. This Development Agreement cannot be assigned or transferred without the written consent of the City which shall not be unreasonably withheld or delayed. A breach of the terms of this Agreement by the Developer, including the unauthorized assignment or transfer of the Agreement, will be grounds for denial of the issuance of any building permit. 8.3 Waivers. The rights of the City under this Agreement are in addition to any other rights under statute, ordinance or any other agreement. The action or inaction of the City will not constitute a waiver or amendment under the provisions of this Agreement. To be binding, amendments or waivers will be in writing, signed by the parties and approved by the City Council. The City's failure to promptly take legal action to enforce this Agreement will not be a waiver or release. There is no intent to benefit any third parties and third parties will have no recourse against the City under this Agreement. 8.4 Reimbursement. The Developer will reimburse the City for all costs incurred by the City in the defense or enforcement of this Agreement, or any portion thereof, including court cost and reasonable engineering and attorneys’ fees. The Developer shall be responsible for the cost of acquiring and installing street signage consistent with that used in other recent developments within the City. To ensure reimbursement of the City’s costs, the Developer shall deposit with the City $5,000. The City will provide the Developer with a detailed statement each month illustrating any cost deducted from the escrow account. In the event the escrow is not sufficient the City will invoice the Developer for the additional costs and payment shall be made within 14days of the date Developer received 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 Subject Property, or refuses the issuance of building permits until all costs are paid in full. 8.5 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and/or inspections deemed appropriate by the City during the development of the Subject Property. 8.6 Violation of This Agreement. If the Developer fails to perform any of the terms of this Agreement in the manner required by the City, the City shall have grounds for denial of building or occupancy permits for the Subject Property. 8.7 Agreement Binding. The terms and provision hereof shall be binding upon, and inure 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 Subject Property and shall be deemed covenants running with the land. 8.8Indemnification. The Developer will have no claim against the City and its officers and employees for damages sustained or costs incurred resulting from plat approval and development undertaken by the Developer. The City and its officers, agents and employees will not be personally liable or responsible in any manner to the Developer, contractor or subcontractors, suppliers, laborers, or to any other person or persons whomsoever, for any claims, demands, damages, actions, or causes of 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 Developer pursuant to this Agreement. The Developer will hold the City harmless from claims by third parties, including but not limited to other property owners, contractors, subcontractors and suppliers, for damages sustained or costs incurred resulting from plat approval and the development of the Property. The Developer agrees to indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit, action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or death of any person resulting from any actions by the Developer, or its agents or contractors. 7 2122 8.9Insurance. Until all of Developer’s obligations under this Agreement are fulfilled, the Developer will provide and maintain commercial general liability insurance covering personal injury, including death, and claims for property damage of others which may arise. Limits for commercial general liability claims covering bodily injury, death or third-party property damages will not be less than $500,000 per occurrence and $1,000,000 in aggregate. Limits for property damage will not be less than $500,000 per claim. The City will be named as an additional named insured on said policy and the policy shall provide that it may not be cancelled without 30 days prior written notice to the City except in the event of non- payment of premium which shall not be less than 10 days. The Developer will file a copy of the insurance coverage with the City upon execution of this Agreement. The insurance policy obtained by the Developer is subject to City approval. In the event that the City is held liable to a third party by a court of competent jurisdiction for damages and the insurance obtained by Developer for any reason fails to cover the City, the Developer will be liable under this Agreement for any and all costs incurred or damages claimed against the City. 8.10Certificate of Occupancy. The City will not issue a certificate of occupancy for any buildings until the buildings have been connected to sanitary sewer and water, complied with the grading, building and site plans, and the private access driveway for the Subject Property has been constructed with bituminous in accordance with the plans approved by the City with the building permit. 8.11 Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of this Agreement. 8.12 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. 8.13 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. 9.0 ADDITIONAL CONDITIONS OF APPROVAL FOR FURTHER DEVELOPMENT The Developer agrees with the following conditions: A.All Engineer comments shall be addressed as depicted in Exhibit C 10.0 DEFAULT ON AGREEMENT 10.1 Events of Default. The following shall be “Events of Default” under this Agreement and the term “events of default” shall mean, whenever it is used in this Agreement (unless the context otherwise provides) any one or more of the following events: A.Failure by the Developer to observe and substantially perform any covenant, condition, obligation, or agreement on its part to be observed or performed hereunder. B.If the Developer shall admit in writing its inability to pay its debts, generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Subject Property. 8 2223 C.If the Developer does not pay the assessments due on the Subject Property pursuant to the provisions of Minnesota Statutes Chapter 429. If the Developer fails to cure the Event of Default within ten (10) days of the date of notice sent to Developer by regular first class U.S. mail, Developer agrees that the City is hereby granted the right and privilege to declare any amounts expended by the City then due and payable as liquidated damages in full, and the City may immediately bring legal action against the Developer to collect such sums expended by the City; the Developer shall be personally responsible for payment of such sums; in addition, the City shall have a lien against the Subject Property. In addition to any other remedy provided in this Agreement, and without waiver of any such right, the City may avail itself of any or all of the following remedies: 1.Halt all Plat development work and construction of Improvements. 2.Refuse to issue building permits or occupancy permits until such time as the Event of Default is cured. 3.Apply to a court of competent jurisdiction to enjoin continuation of the Event of Default. 4.Terminate this Agreement by written notice to the Developer. Addresses. The address of the Developer for the purposes of this Development Agreement is: Kevin Cox 7939 Ridgewood Road St. Joseph, MN 56374 The address of the City for the purposes of this Development Agreement is: City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 IN WITNESS WHEREOF,the parties have hereunto set their hands. CITY OF ST. JOSEPH By: ____________________________ Date: _________________________ Rick Schultz, Mayor By: ____________________________ Therese Haffner, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) The foregoing was acknowledged before me the _____ day of ____________, 2021, by Rick Schultz and Therese Haffner the Mayor and City Administrator, respectively, of the City of St. Joseph. 9 2324 ___________________________ Notary Public DEVELOPER CLC PARTNERS, LLC By: CLC Partners a Minnesota limited liability company, By: ____________________________ Date: _________________________ Kevin Cox, President STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) The foregoing was acknowledged before me the _____ day of ____________, 2021, by Kevin Cox, the President of CLC Partners, LLC, on behalf of the Developer. ___________________________ Notary Public Drafted By: City of St. Joseph, 75 Callaway St. E St. Joseph, MN 56377 10 2425 EXHIBIT A LEGAL DESCRIPTION Outlot F, Outlot G and Lots 5 and 6, Block 3 NORTHLAND BUSINESS CENTER, according to the plat of record in Stearns County, Minnesota. Together with Vacated 24th Avenue Northeast and Fir Street East. 11 2526 EXHIBIT B FINAL PLAT 12 2627 EXHIBIT C ENGINEER COMMENTS TBD 13 2728 EXHIBIT D TH 24ST NE EXTENSION Outlined in red is the required roadway extension as required by this developers agreement. 14 2829 15 2930 16 3031 ST. JOSEPH CITY COUNCIL RESOLUTION 2021 - _____ A RESOLUTION OF APPROVAL REGARDING THE NORTHLAND BUSINESS CENTER SECOND ADDITION PLAT WHEREAS, CLC Partners referred to as “applicant” and “owner” has properly applied for Final plat approval; and WHEREAS,the subject property is identified and legally described in Exhibit A; and WHEREAS, the St. Joseph Planning Commission reviewed and recommended approval of the preliminary plat of St. Joseph Business Park on February 28, 2019; and WHEREAS, Planning Commission has reviewed theFinal Plat and recommended approval at their th , 2021 meeting; and September 13 WHEREAS, the St. Joseph City Council recommended approval on the Final plat at their September th 20, 2021 meeting; and WHEREAS, the proposed plat has been reviewed by the city engineer; and WHEREAS,the City Council hereby approves the final plat with the following conditions: General 1.All conditions and requirements outlined in the Northland Business Center Second Addition Developers Agreement are met. Engineering 1.All comments depicted in the Northland Business Center Second Addition Developers Agreement are adhered to by the applicant NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA,THATTHE NORTHALND BUSINESS CENTER SECOND ADDITION FINAL PLAT IS APPROVED Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 20th day of September, 2021 CITY OF ST. JOSEPH By Rick Schultz, Mayor By Therese Haffner, City Administrator 3132 Exhibit A Legal Description Outlot F, OutlotG and Lots 5 and 6, Block 3 NORTHLAND BUSINESS CENTER, according to the plat of record in Stearns County, Minnesota. Together with Vacated 24th Avenue Northeast and Fir Street East. 3233