AGREEMENT
This Agreement is made effective this 9th day of __April______, 2008, by and between the City of Clear Lake, a Minnesota municipal corporation (hereafter “City”) and Clear Lake Parkside, LLC, a Minnesota limited liability company (hereafter “Developer”).
R E C I T A L S:
R1. City and Developer entered into a Development Agreement dated March 1, 2006 (“Development Agreement”) for the development of a residential subdivision called Parkside (“Plat”).
R2. The Development Agreement sets forth, among other things, conditions for the approval of the Plat, and requirements for grading, landscaping, drainage, erosion control, and construction of municipal improvements, all as set forth in the Development Agreement.
R3. A dispute has arisen between the City and Developer concerning the development of the Plat.
R4. The parties desire to resolve the differences between them, as set forth herein.
NOW, THEREFORE, for good and valuable consideration, and based upon the mutual promises and covenants set forth herein, the parties agree as follows.
1. The Recitals set forth above are incorporated into this Agreement.
2. Developer shall update the grading plan for the Plat in accordance with the terms and conditions set forth in the letter from Developer’s engineer, Nick Nowacki, Meyer Rohlin, dated September 5, 2007.
3. Developer shall re-grade the pond in Outlot B of the Plat to a 984.2 elevation at a cost of $33,365.00. The 984.2 elevation was established by the City. This elevation is subject to, and contingent upon, approval by the Minnesota Department of Health which the city is responsible to secure prior re-grading being performed. Developer shall pay 50% and the City shall pay 50% of said cost to re-grade the pond in Outlot B as described herein. In addition, Developer shall create a one foot deep swale on the rear of all lots that back up to the pond in Outlot B so as to retard the flow of water directly into the pond. The swale shall be as shown on the revised grading plan dated 4/2/2008. Developer shall be responsible for maintenance of the swale only until the respective lots are sold to builders, at which point it shall be the responsibility of the builders to maintain the swale. The cost of creating swale are part of the re-grading costs above.
4. Developer shall re-grade the pond in Outlot H of the Plat to an elevation of 983.2 as set forth in the response of Developer’s engineer Nick Nowacki of Meyer Rohlin, in his letter dated September 5, 2007, at a cost of $8,710.00. The Developer shall pay 50%, and the City shall pay 50%, of the cost to re-grade the pond in Outlot H as set forth herein. The 983.2 elevation was established by the City.
5. Developer shall re-grade the park land located within the Plat, by placing approximately 1,000 yards of fill within the park, said fill to be placed according to the reasonable requirements of the City’s engineer (Keith Yapp, Bonestroo) at a cost of $9,000.00. The Developer shall pay 50%, and the City shall pay 50%, of the cost to re-grade park.
6. The streets to be constructed within the Plat shall be 36 feet wide except for Birch Street and Cherry Street which shall be 32 feet wide.
7. Developer shall be authorized to proceed with construction of utilities according to the original Utility Construction Plan approved by the City’s former engineer (Short Elliot Hendrickson, Inc. – hereafter “SEH”) on the first phase of the Plat. If the City requires any change in construction of utilities, the City shall pay any excess costs incurred by Developer as a result of constructing utilities according to changed utility construction plans.
8. The City accepts and approves the As-Built Plan submitted by Developer dated October 4, 2007, except for those areas to be altered for grade changes pursuant to sections 3, 4 and 5 above. Developer shall provide to the City a revised As-Built Plan for the grading performed pursuant to sections 3, 4 and 5 above upon completion and approval by the City of said grading.
9. Developer shall not be required to pay any further SEH engineering fees. City and Developer agree that there is an issue about a purported overcharge of $5,588 by S.E.H. to City which City paid. City and developer will work with S.E.H. to seek reimbursement.
10. Developer shall not be required to pay any invoices from Bonestroo to City for the first phase of the Plat except those engineering fees which the parties reasonably expect in conjunction with the construction of utilities for the first phase of the Plat, which engineering fees shall be estimated by Bonestroo in a lump sum estimate, to be provided by City to Developer prior to commencement of construction of said utilities. Developer acknowledges that Bonestroo’s actual expenses may vary from the estimate, and that actual reasonable expenses will be paid by Developer.
11. The City agrees that Developer shall not be required to construct improvements to Cherry Street in front of the townhomes in the Plat at this time. Developer acknowledges, understands and agrees that the City shall not issue any building permits for construction of townhomes until Cherry Street has been constructed in accordance with the requirements of the Development Agreement.
12. Developer shall be required to install, at Developer’s expense, a temporary gravel cul-de-sac on the end of Church Street. The construction standard for the temporary cul-de-sac shall be established by the City’s engineer, but Developer shall not be required to construct curb and gutter at the time of construction of the temporary gravel cul-de-sac.
13. Once Developer has completed the re-grading of the ponds and the park, as described in sections 3, 4 and 5 above, Developer shall provide written notice thereof to the City Clerk and Keith Yapp of Bonestroo. The parties agree that time is of the essence so that Developer’s contractor performing the re-grading does not move its equipment off-site before the re-grading has been approved by the City. Therefore, City shall, within four business days after said written notice has been given by Developer, inspect the re-grading work and either approve and accept said re-grading or provide to Developer a written description of the work necessary to be completed before the re-grading will be approved and accepted by the City.
14. Developer shall not be required to pay any minimum annual SAC or WAC fees. Builder shall pay the applicable SAC and WAC charges that are in effect at the time building permits are issued. The City shall try to notify Developer of any City Council meeting where consideration is to be given to changing the SAC and WAC fees.
15. The City shall be responsible for attorney’s fees insofar as those fees were incurred during, or are related to, negotiations of this Agreement and the related development issues referenced herein. Additional City Attorney fees incurred as part of the ordinary course of the project, if any, shall be reimbursed by Developer pursuant to the Development Agreement.
16. The Development Agreement shall be deemed amended as necessary to be consistent with this Agreement.
City of Clear Lake
By:______
Mayor
Attest: ______
Clerk / Treasurer
Clear Lake Parkside, LLC
By:______
Its: ______
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