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7.b)3) Bakken Development Agreement , r].b, 3� RETURN TO: Andrew J. Pratt, Esq. ECKBERG, LAMMERS, BRIGGS, WOLFF&VIERLING,P.L.L.P. 1809 Northwestern Avenue Stillwater, Minnesota 55082 CITY OF SCANDIA WASHINGTON COUNTY,MINNESOTA DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is made this day of , 2013 by and between the City of Scandia, a municipal corporation and political subdivision organized under the laws of the State of Minnesota (the "City") and Scott and Cheryl Bakken, a married couple(collectively,the"Developer"). RECITALS WHEREAS, on July 12, 2013, the Developer submitted an application with the City for a minor subdivision in accordance with Chapter 3, Section 6 of the City Development Code requesting the subdivision of a 33.2-acre parcel and a 1.79-acre outlot into two separate residential lots; WHEREAS, the existing parcels are located at 11489 239th Street North in the City (the "Property"); WHEREAS, the Property in its current state is legally described as follows: see Exhibit A, attached hereto and incorporated fully into this Agreement; WHEREAS, the Developer now desires to subdivide the Property into two residential lots consisting of 24.89 acres and 10.1 acres, respectively, to comply with overall density requirements of one unit per 10 acres,as described in the City Development Code; WHEREAS, the obligations and responsibilities imposed on the Developer in this Agreement relate to the 10.1-acre parcel of property, which after subdivision and platting will be legally described as Lot 1, Block 1, Bakken Subdivision, Washington County, Minnesota; WHEREAS, the minor subdivision application and Preliminary Plat were reviewed and approved by the City's Planning Commission on August 6, 2013, following a duly noticed public hearing thereon; WHEREAS, by Resolution, an executed copy of which is attached to this Agreement as Exhibit B, the City Council of the City approved the Developer's application for a minor subdivision on August 20,2013; WHEREAS, Chapter 3, Section 6 of the City Development Code requires the Developer's execution of a Development Agreement as contemplated in Minnesota Statutes, Section 462.358, Subdivision 2a,as amended,as a condition of final approval of a minor subdivision; WHEREAS,the parties hereto desire to set forth the respective rights and obligations of the parties to this Agreement;and NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: AGREEMENT 1. Minor Subdivision. The Developer shall be permitted to subdivide the Property into two lots, consisting of 24.89 acres and 10.1 acres, respectively, as depicted in the Preliminary Plat submitted to the City on July 13, 2013, as such document may be further amended upon request from the City Engineer. The minor subdivision shall be in substantial compliance with the Preliminary Plat. 2. Ownership of Propert� Upon recording of the Final Plat for the Property, the Property shall continue to be owned by the Developer. 3. Accessory Structures on Lot 1, Block 1. No accessory structures may be constructed on Lot 1, Block 1 prior to the construction of a primary residential structure. 4. Construction of Cul-de-Sac. The Property currently has access from 239th Street. Notwithstanding Section 6.2(8)of the City Development Code,the Developer must construct a cul- de-sac in accordance with the Final Plat providing access for Lot 1, Block 1 that meets all City Development Code and engineering standards before a building permit will be considered by the City for such lot. Additionally, as the proposed cul-de-sac will require grading and land alteration over an area larger than 1,000 square feet, the Developer must obtain a grading and land alteration permit from the City before commencing construction of the cul-de-sac. 2of8 5. Park Dedication Fee. The $3,000.00 park dedication fee required by the City Development Code must be paid to the City before a building permit will be considered by the City for Lot 1, Block l. 6. Escrow for Legal, En ing eering and Plannin� The Developer shall pay all costs including engineering, planning and legal fees incurred by the City in connection with all aspects of the subdivision of the Property, including the preparation and recording of this Agreement and review and approval of the Preliminary and Final Plats. All engineering, planning and legal fees incurred by the City in connection with the development shall be charged against the Developer's escrow account, which shall remain in effect until the completion of the development. Any funds remaining in the escrow account after the completion of the development shall be refunded to the Developer as provided by state law. 7. Additional Developer Obli at�ons. The Developer shall also provide the following information as to each lot or take the appropriate action as set forth below: a. Label appropriate setbacks, dimensional requirements, and drainage and utility easements on the Final Plat. b. Identify all septic areas and alternate locations on the Final Plat. c. Obtain all necessary permits from Washington County. d. Obtain all necessary Watershed District Permits. e. Apply for the appropriate building permits and pay the required fees as established by the City prior to the initiation of construction of any building permitted by this Agreement. f. Provide the City with certification that there are no delinquent property taxes, special assessments, interest or utility fees outstanding against the Property. g. Pay all outstanding escrow account balances prior to the recording of this Agreement. h. All construction work shall be completed within City-approved working hours. i. The Developer shall schedule a pre-construction meeting with City staff prior to any mobilization of construction equipment or material, and shall contact Gopher State One Call for review of the construction area prior to the beginning of any excavation work. 3 of 8 j. Comply with all other requirements of the City Code of Ordinances, the City Development Code, and the laws of the State of Minnesota. 8. Warrantv of Ownership. The Developer warrants and represents to the City that the Developer is the fee owner of the land described herein and has the authority to execute this Agreement and agrees to the conditions thereof. 9. Recordin�. Upon receiving approval of the Final Plat from the Washington County Surveyor, the Final Plat shall be presented to the City for signature, at which time all outstanding fees associated with this Agreement must be paid in full. The Final Plat shall be recorded prior to August 20, 2014 or the City's approval shall become null and void in accordance with its Development Code. The City will not consider a building permit for Lot 1, Block 1 until the City has received evidence the Final Plat has been recorded. 10. Binding Effect• This Agreement shall be deemed to be a restrictive covenant and the terms and provisions hereof shall run with the land described herein and shall be binding on and inure to the benefit of the heirs, representatives, and assigns of all the parties hereto, and shall be binding upon all future owners of all or any part of said land. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers. The cost of said recording shall be borne by the Developer. (The remainder of this page is intentionally left blank.) 4of8 IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF SCANDIA: By: Randall Simonson Its: Mayor By: Kristina Handt Its: City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2013, before me, a Notary Public, within and for said County and State,personally appeared Randall Simonson and Kristina Handt of the City of Scandia, a municipal corporation of the State of Minnesota, and that said instrument was signed on behalf of said City of Scandia by authority of the City Council of the City of Scandia,and Sally Swanson and Kristina Handt acknowledge said instrument to be the free act and deed of said City of Scandia. Notary Public SIGNATURE PAGE TO DEVELOPMENT AGREEMENT BETWEEN CITY OF SCANDIA,MINNESOTA AND SCOTT AND CHERYL BAKKEN 5 of 8 DEVELOPER: Scott Bakken Cheryl Bakken STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2013, before me, a Notary Public, within and for said County and State, personally appeared Scott Bakken and Cheryl Bakken, a married couple, to me personally known,who acknowledged said instrument to be a free act and deed of said couple. Notary Public SIGNATURE PAGE TO DEVELOPMENT AGREEMENT BETWEEN CITY OF SCANDIA,MINNESOTA AND SCOTT AND CHERYL BAKKEN THIS INSTRUMENT DRAFTED BY: Andrew J.Pratt ECKBERG,LAMMERS,BRIGGS, WOLFF &VIERLING, P.L.L.P. 1809 Northwestern Avenue Stillwater, Minnesota 55082 (651)439-2878 6of8 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Parcel One That part of the Northwest Quarter of the Northwest Quarter of Section 5, Township 32, Range 20, Washington County, Minnesota, lying West of the plat of Shady Oaks, according to the United States Government Survey thereof and situate in Washington County, Minnesota Parcel Two Outlot A of the Plat of Shady Oaks, Washington County, Minnesota, according to the recorded plat thereof, and situate in Washington County, Minnesota 7of8 EXHIBIT B CITY COUNCIL RESOLUTION 8of8