5.d) HARKER_SCANDIA_DEVELOPMENT AGREEMENTCITY OF SCANDIA
DEVELOPMENT AGREEMENT
THIS AGREEMENT is made this day of , 2015, by and
between the City of Scandia, a municipal corporation organized under the laws of the State of
Minnesota (the "City"), and James Patrick Harker, LLC, a limited liability company under the
laws of the State of Minnesota, 18881 Keystone Avenue North, Scandia, MN 55025 (the
"Applicant")
RECITALS
1. Applicant is the owner of real property situated in Washington County, Minnesota
described on Exhibit A attached (the "Property")
2. The Applicant's principal residence (the "House") is located on that part of the
Property described as follows:
Government Lot 7, of Section 31, Township 32, Range 20 West, excepting the
southerly 660 feet of said Lot 7, Washington County, Minnesota ("Parcel 1").
3. The Applicant maintains accessory structures, including a Machinery Shed and
Granary, on that part of the Property described as follows:
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The NE 1/4 of the NE 1/4 of Section 36, Township 32, Range 21, Washington
County, Minnesota ("Parcel 2").
4. Parcel 1 is located in the City of Scandia, Washington County, Minnesota and
Parcel 2 is located in the City of Forest Lake, Washington County, Minnesota, and cannot be
combined into a single parcel.
5. Although the parcels are contiguous, the parcels have separate tax identification
numbers.
6. The Applicant and the City of Forest Lake entered into a Development
Agreement, dated March 7, 2011, to effectively combine the developed areas of Parcel 1 and
Parcel 2, so long as those parcels remain developed.
7. The Applicant wishes to demolish the House and construct a new principal
residence (the "Proposed House") in approximately the same location on Parcel 1, at a distance
of approximately 0.5 feet from the municipal boundary line, which is also the "side property line"
for Parcel 1.
8. The City's Development Code prohibits development within the 20 -foot side yard
setback measured from the side property line.
AGREEMENT
In consideration of the granting of permits by the City to the Applicant to construct the
Proposed House on Parcel 1, the parties agree as follows:
1. The Applicant hereby represents and warrants that: (a) Applicant is a duly
organized Minnesota limited liability company, and has all necessary power and authority to
enter into this Development Agreement and to carry out its obligations hereunder; and (b)
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Applicant is the owner in fee simple of Parcel 1 and Parcel 2, and that there do not presently exist
any mortgage or monetary liens on Parcel 1 or Parcel 2.
2. The Applicant shall construct the Proposed House, together with all accessory
structures, in the area designated on Exhibit B attached hereto.
3. The Applicant shall obtain a building permit from the City prior to construction of
the Proposed House.
4. The Proposed House, together with all accessory structures, other than existing
legally nonconforming structures, shall be located at least 200 feet from the ordinary high water
mark of White Rock Lake as shown in Exhibit B.
5. The City and the Applicant agree that no development shall occur on that part of
Parcel 2 shown in Exhibit C and described as follows:
A strip of land described as the east 20 feet of the south 167 feet of the north 758
feet of the Northeast Quarter of the Northeast Quarter of Section 36, Township
32, Range 21, Washington County, Minnesota. ("Buffer Area").
6. The City and the Applicant agree that there is hereby imposed on Parcel 1 and
Parcel 2 a restrictive covenant in favor of the City that neither Parcel 1 nor Parcel 2 may be sold,
granted, mortgaged, conveyed, or otherwise transferred separately from each other without the
consent of the City Council of the City of Scandia, it being the intention of the parties that, so
long as this Agreement remains in effect, Parcel 1 and Parcel 2 be at all times owned by the same
person or entity.
7. Nothing in this Agreement shall be deemed to imply the waiver of the Applicant's
right to apply for the future subdivision of either Parcel 1 and/or Parcel 2. Nothing in this
Agreement shall be deemed to restrict or approve any subdivision of Parcel 1 or Parcel 2.
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8. The Applicant agrees that any future subdivision of Parcel 1 or Parcel 2 will be
applied for and reviewed under any and all applicable city ordinance(s) governing the subdivision
of real property. If Parcel 2 is subdivided, then any resulting parcels contained within Parcel 2
that do not encompass the all or any part of the Buffer Area shall be released from this
Agreement. If Parcel 1 is subdivided, then any resulting parcels contained in Parcel 1 that do
not encompass the Proposed House shall be released from this Agreement. The City and the
Applicant shall execute and deliver such recordable documentation as necessary to effect any
such release(s).
9. This Agreement shall be governed by, construed, and enforced in accordance with
the City Code of the City of Scandia and the laws of the State of Minnesota.
10. This Agreement shall constitute the entire Agreement between the parties
regarding the subject matter of this Agreement. Any prior understanding of any representation
of any kind preceding the date of this Agreement shall not be binding upon either party except to
the extent incorporated in this Agreement.
11. Any modification or termination of this Agreement or additional obligation
assumed by either party in connection with this Agreement shall be binding only if evidenced in
a writing signed by each party or an authorized representative of each party.
12. Applicant agrees to reimburse the City for reasonable costs, fees, charges or
expenses of the City, related to legal costs, planning, engineering services, including without
limitation inspection, surveying, supervision and administration costs and fees, (collectively,
"City Expenses") within thirty (30) days of receipt of any detailed invoice from the City. If such
payments are not received by the City within thirty (30) days, all approvals of the City detailed in
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the Agreement shall be suspended and have no effect until such time as Applicant has paid the
City for all City Expenses in full.
13. This Agreement shall be recorded against Parcel 1 and Parcel 2, and shall be
binding upon the successor, heirs, and assigns of the Applicant.
IN WITNESS WHEREOF the parties have hereunto set their hands this day of
52015.
[SIGNATURES ON FOLLOWING PAGE]
CITY:
CITY OF SCANDIA:
By:
(print name)
Its: Mayor
By:
(print name)
Its: City Administrator
STATE OF MINNESOTA )
) SS.
COUNTY OF )
APPLICANT:
JAMES PATRICK HARKER, LLC
IM
James Patrick Harker
Its: Chief Manager
The foregoing instrument was acknowledged before me this day of , 2015
by and , the Mayor and City Administrator of the City of Scandia, a
municipal corporation under the laws of the State of Minnesota, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 2015 by
James Patrick Harker, the Chief Manager of James Patrick Harker, LLC, a limited liability
company under the laws of the State of Minnesota, on behalf of the limited liability company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
LARKIN HOFFMAN DALY & LINDGREN Ltd.
8300 Norman Center Drive, Suite 1000
Minneapolis, MN 55437-1060
(952) 835-3800
4818-2583-6833, v. 7
EXHIBIT A
LEGAL DESCRIPTION
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE '/4 OF NE '/4)
AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE % OF NE
%,) OF SECTION THIRTY-SIX (36), TOWNSHIP THIRTY-TWO (32), RANGE
TWENTY-ONE (21). ALSO GOVERNMENT LOT SEVEN (7) OF SECTION
THIRTY-ONE (31), TOWNSHIP THIRTY-TWO (32), RANGE TWENTY (20) WEST,
EXCEPTING THE SOUTHERLY SIX HUNDRED SIXTY (660) FEET OF SAID LOT
SEVEN (7), WASHINGTON COUNTY, MINNESOTA.
EXHIBIT B
SURVEY
[INSERT SURVEY]
EXHIBIT C
DEPICTION OF BUFFER AREA
4818-2583-6833,v. 7