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1997-07-09
CENTERVILLE CITY COUNCIL AGENDA WEDNESDAY, JULY 9, 1997 6:00 P.M. CALL TO ORDER APPROVAL OF MINUTES: 1. June 9, 1997 Council Meeting Minutes PAYMENT OF CLAIMS: 1. City of Centerville June 25 - 30 2. City of Centerville July 1- 9 3. Centennial Fire District SET AGENDA PETITIONS AND COMPLAINTS: 1. Wayne LeBlanc - Petition from Peltier Lake Drive 2. Tamie Blum - Petition from Clear Ridge APPEARANCES: 1. Curtis Coffman & Brad Hanggi - Clearwater Meadows Sidewalk/Trail Easement /Community Mail Boxes 2. Ken Sorenson - Benefit for Flood Relief OLD BUSINESS: 1. Garbage Contract 2. Lakeland Hills: a) Development Contract b) Disbursement Agreement c) Final Plat NEW BUSINESS: 1. Light Industrial District 2. City Pin 3. 3.2 Beer Permit - Lions Club International 4. Noise Permit - Lions Club International 5. Office Equipment COMMITTEE REPORTS ADMINISTRATORS REPORT ADJOURN • July 7, 1997 Jim March City Administrator 1880 Main Street Centerville, MN 55038 Dear Jim: This is a follow up letter to the letter dated May 1997. The purpose of this letter is to provide information that my Mound System is failing. Attached you will find photographs of our Mound System. The pictures were taken in the last two weeks. The pictures were taken of the specific areas of the Mound were the leakage is occurring. In addition, several professionals (Dale Elkin, Tom Powers, and representatives of Olson's Sewer Service) have examined the Mound and all confirmed that the Mound is failing.Tom Powers would be the most familiar with our Mound System. Tom's phone number is 426 -9693. If you require any additional information, I can be reached at home 653 -1291, or work 636 -6265 ext. # 156. Sincerely, Bill Perrizo Waterworks Beach Club Summer Jam '97 Councle Concerns May 14th I So szNc Letter Of notification — > Security by Capitol investigations 5O security personell — `� fcd < < /�i Lt ci■Iy Foul Language not allowed -- W4 buaSoc. c[ .ecd /4 - whew{ M cc T /sc. d fo l - sue Lan c. +o:.- tl,r p / .a 1 -2 additional Police Officers from last year -5 eiC6 • c ere. Payment made to Anoka County Parks arrears /and in advance a fet ,4,° "' /7 1(1 " 414 Donation to Explorers 2 / Music over by dark -ch -/ '-^-'tc 0, th 4000 max ticket sales - / r AnoM, ireo /e![9ac<< / too- zd o fl trnetuse, ,. Sheriff boat and Beach Bouys ,�hw 41- z - 41 $er 1 � Sec � \ Atop b ys. p t ,Medical Tent /area .. - t 9 "f to ^ �� ,/ ?� - , eei"f' " -t Water spray via tank truck No g44CLL" hose -/D 4u" G'- Trash pickup on evening of event Not done. ?.e e — iN4 4/124 1./reci - en4 Z dram w w 125 h2iaiVeci — Tusk to vv (s^¢-vx.-4.29' 1 srn c cat,. H to Teti Z5 '. rack r c•dJ ( It C U3tcima S m. tbu. L© nA4 t r, p 5 e Vt* ?sS _ X 3 - t c Z_ 3 rcI ° ( Asso a at Is.>e....,, - tes4a � • r X firb,clb L z t- t — tc `C'r *sue z. -‘"\w su ta_ — CO , lr,.rw.obpCt, � r s�vr / T/R, o Att6:11(last AA . ��l \rn�.a�- i3' Il ( vP r%""'thf C n jt cVt iD 3v 4 rr e>t cr-- .) >s 7 — cS :f 2 July 1997 To: Centerville City Council Centerville, MN 55038 A couple year ago, we had talked about the idea of having a Centerville Logo pin. I talked with the same firm that does our business cards at that time. He had sent out some different products at that time. We (I) sort of let the project die by the wayside. I think we should revisit the idea again. Here are the prices for having a pin made one (1) inch by five- eight's (5/8) inch in size. The pin would be rectangular, 3 colors, screen with an epoxy finish: 100 -- $2.60 each 250 -- $2.44 each 500 -- $2.33 each There would also be a one time setup fee of $82.00. I think it would be a nice item to sell or give away to special people and city officials could buy some and give out if they wanted too. I think it would be a good promotion tool for the City and maybe would also help "Espirit de Corps ". I would like to vote on it tonight and maybe have for the Festival of the Lacs.? Tom Wilharber pl STAFF SURVEY CITY OF CENTERVILLE 1. What are Centerville's strengths as an organization? A. Availability to residents. B. Stafffriendless to residents C. Progressive leadership D. Small enough so that we can exchange thoughts & ideas easily. E. Financially strong / stability. F. Council Members that take their job seriously G. Staff dedication to the city in the fact that they generally do care about the community whether they live here or not. H. Open door policy with council & management I. The organization allows continuing education for employees. 7. Young community with potential to grow as designed. K. Citizen involvement L. Experienced Mayor & Council M. Long History & French heritage N. New residents willing to become more involved with City affairs. O. Financial strength & growth phase. P. Experienced council in government Q. Qualified staff that is willing to accept training in any areas. R. Strength within its people S. Ability to adapt to a changing environment. T. Willingness to look at new technology (i.e., Internet service, water meter reading, accounting services, etc. 2. What are Centerville's weaknesses an organization? A. Lack of desire sometimes to work as a team. B. Past negative continents can still impact performance which is counterproductive. C. Focus ed effort t o maintain professional relationships by staff members, council and comnittee members. D. A minimally experienced staff e. Lack of standard procedures & accountability f. Lack of plan of action to implement long range objectives. G. Lack of Ordinance cohesiveness & uniform enforcement h. Bring pay into line with Metro surveys (Staton reports) I. Lack of communication k. Accountability 1. Pay inequity - Although improving, should be comparable with other cities. M. Lack of a prudent investment policy. N. Lack of a 5 -10 year EDC plan O. Ordinance codification. P. Technology advancements. Q. Lack of procedures. R. Communication. S. Clarification of duties at times. T. Communication from administration who are not forthcoming with information.. U. Don't feel that council allows the Department heads to have enough say in how their dept. is ran. V. Informal behavior & dress in certain situations (meetings) (Staff & Council) • 3. How can we improve our organization? A. Dress Code B. Use Robert's Rule of Order in meetings especially council. C. More communication. D. Council needs to realize that as the City grows that Public Works & Administration need to grow also. E. Get minutes from City Council meetings to staff in a timely fashion, not 2 -3 weeks after the meeting. Copy of week in review & have more staff meetings. F. Time management for staff. G. Recognize "present value" and how it is used in long -term (Capitol Budgeting) Investment decisions. H. Assessing group goals, boundaries, conflict & decision making. I. Assessing group needs and sharing leadership accordingly. J. Address weakness in a positive, productive manner. K. Provide Council Minutes to all staff members at lease 1 week prior to the next council meeting. L. Hold staff & consultants accountable. M. Limit personal phone calls. 14. More clearly define job duties & procedures. O. Create a workable model of the CIP and Long Range Objectives. P. Aim the "City Celebration" more towards the French history and families, not a bonanza for the local bars. Q. Share planning objectives with surrounding communities; improve relations. it Continuing to support Staff & Council training and development opportunities. S. Important to understand that the day to day business to be handles that everyone involved is looking at the big picture in regards to what is best for the City in the future. T. CIP at budget time to help steer the organization into the future. U. Harness the power that volunteers could contributor to our organization. We need to improve here. 4. What should be the top three items for 1998.7 A. Establish an adequate supply & storage of water, so that business development is not hampered. B. Revamping the official controls to be consistent with the Comp plan, so we get what we want. C. • H oward R, Green Company tOISI nlsrXlsrrxs i CONSULTING ENGINEERS Formerly MSA Consulting Engineers July 9, 1997 File: 260 - 083 -11 Mr. Jim March, Administrator City of Centerville 1880 Main Street Centerville, MN 55038 RE: LAKELAND HILLS GRADING PLAN, STREET AND UTILITY PLANS, PLAT, AND AGREEMENTS Dear Mr. March: We have completed our review of the above mentioned plans and agreements for the Lakeland Hills project. At this time, there are a number of remaining issues that need to be addressed on the development, including, but not limited to: • A Minnesota Department of Health permit application has been submitted for the watermain extension. As of today, the permit has not yet been processed. • A MPCA and Metropolitain Council Environmental Services sewer permit application has been submitted. The permit has not been received yet. • The documents for the trail easement and watermain easement through the school property must be signed and submitted for review. • A wider sanitary sewer easement will need to be provided on the plat between Lots 16 and 17, Block 2. This is a new change due to the moving of the sanitary sewer to allow deeper bury of the sewer pipe. • We are coordinating with the MnDNR and the Rice Creek Watershed District the potential placement of a storm sewer pipe between Lots 2 and 3, Block 1, or Lots 3 and 4, Block 1. The proposed storm sewer pipe would provide an overflow for the wetland area north of the development and south of Peltier Lake Drive. Many of these items will be handled administratively in the next week. If the City Council has completed the review of the documents submitted for the development, and there are no further comments, we recommend the City Council approve the plans and agreements for the Lakeland Hills development contingent upon Administrative and Engineering approval. A stipulation should also be stated that no building permits shall be issued until final plat approval. We will be in attendance at the July 9` Council meeting to discuss this matter with you. 1326 Energy Park Drive • St. Paul, MN 55108 • 612/644 -4389 fax 612/644 -9446 toll free 800/888 -2923 Mr. Jim March July 9, 1997 Page 2 Please do not hesitate to ask any questions at this time. Sincerely, Howard R. Green Company dp, David E. Nyberg, P.E. Project Manager cc: Mr. Mike Black, Royal Oaks Realty, Inc. DEN /jl 083- 0917.jul Howard R. Green Company p Y CONSULTING ENGINEERS Anoka County Contract #970098 JOINT POWERS AGREEMENT AGREEMENT, made this _ day of , 1997, by and between the City of Centerville, Minnesota ( "City ") and the Anoka County Housing and Redevelopment Authority (the "ACHRA"), both bodies politic and organized under the laws of the State of Minnesota. RECITALS CITY is in the process of implementing a senior citizen housing project at a location in the City of Centerville, consisting of a building including up to 16 units, with possible expansion to include a second building. Recent studies have demonstrated a need for senior citizen housing in the Centerville area, and in Anoka County generally, and the ACHRA possesses staff expertise in housing administration, certain bonding authority and management capability to own and operate such a facility, and to generate funds with which to enable completion of the Project. The Project shall refer to the construction and occupancy of a 16 -unit dwelling facility to house seniors, together with such ancillary facilities as may be necessary or appropriate to the facility. The facility is to be constricted on real property identified on Exhibit A as the "Barett Parcel" (hereinafter referred to as the "Facility Site "). to serve as an area for access, buffer and green space, and possible future expansion for a second building. Both City and the ACHRA desire to jointly work toward the goal of completing the Project, and to this end, IT IS AGREED: SECTION 1. INITIAL DEVELOPMENT STAGE. A. Land Acquisition. The City has entered into a purchase agreement for the purchase the Facility Site, which is attached hereto as Exhibit B. At an appropriate time, City will exercise its option and acquire title to the Facility Site. B. Building and Site Design. The County has selected and plans to engage the services of an architect, to -wit: Miller Hanson Westerbeck Berger, Inc. (the "Architect "), to prepare a schematic design for the first 16 -unit building and to create a total site plan for the Project, including drives, parking, landscaping and the like. ACHRA shall cause the Architect to complete all plans and specifications consistent with the schematic design as approved by the SEINF BY - - .a- . City as necessary to enable construction of all Project elements to take place, including, without limitation, the building and ancillary features, sewage disposal system, and drainage features. C. Approvals and Permits. The City shall obtain in a timely manner so as to enable compliance with the timetable set forth in Section 6 hereof, on behalf of the ACHRA, all necessary approvals and permits from any unit of government having jurisdiction over the activities in the Project to enable construction to commence, excepting approvals as are relating to financing. D. Conveyance of Facility Site. At the time of closing of the Bond sale for the permanent financing for the Project, or at an earlier date if mutually agreed upon by the parties, City shall convey title to the Facility Site to ACHRA. The conveyance shall be subject to the following conditions: 1) City shall have good and marketable title to the Facility Site, and shall furnish an Owner's Policy of Title Insurance to ACHRA, on a standard ALTA form, insuring title in a sum equal to the anticipated total Project costs through the construction of the first 16 -unit building; 2) Conveyance shall be by warranty deed; 3) City shall execute any and all other documents as may be reasonably necessary to complete closing of the transfer and any financing activity associated therewith. SECTION 2. FINANCING. A. Pro Forma Financial Projections. ACHRA shall, upon receipt of initial cost estimates from Architect, caused to be prepared pro forma financial projections to determine at what rental levels the Project can be expected to be financially viable. In the event that such projections produce rental figures considered by either City or ACHRA to be in excess of reasonable rental goals for the dwelling units in the Project, then, at either party's option, this Agreernent may be rescinded in its entirety, within fifteen (15) days after receipt of such projections. All preliminary out -of- pocket costs incurred by either party through the date of such termination shall be shared equally by both parties, and each party shall therefore promptly 2 submit to the other party upon such termination an itemized statement of such out -of- pocket expenses and appropriate reimbursement shall promptly be made (with set -off, as appropriate). B. Financing. ACHRA shall obtain all interim and permanent financing to enable construction of the Project, and shall use its best efforts to issue bonds pursuant to Minnesota Statutes, Section 469.034, which bonds shall be backed by the general obligation of the City, as permitted by law. The parties acknowledge that pursuant to statutory authority, ACHRA intends to make an annual levy in the jurisdiction of the City to fund ACHRA activities, and that the amount of the net levy payable in 1997 of $7,434 will be pledged by ACHRA as revenue to be used for the Project. Commencing with the ACHRA net levy payable in 1999, the ACHRA covenants that it will dedicate that amount of the actual net levy proceeds from the City, net of the ACHRA's general operating expenses allocated to the City for the year, which is equal to the amount needed for regularly scheduled debt service on the Project financing after application of Project revenues in excess of Project operating expenses to such regularly scheduled debt service, subject to the (imitations on increasing such revenues expressed in Section 4, clause 4 hereof. The City shall pledge a combination of one or more enterprise funds and/or tax increment funds in such amount or amounts as necessary in each year to cause pledged revenues of the Project to equal at least 110% of debt service on the bonds. C. Reimbursement of Expenses. Upon closing of the financing for the Project, Bond proceeds shall be applied to reimburse each party for all of such party's costs and expenses in implementing the Project, including, without limitation, the following: 1) All fees of Architect which were actually paid by such party. 2) All of such party's out -of- pocket expenses incurred in the planning and implementation of the Project, including, without limitation, attorneys' fees, engineers' fees, consultants' fees, pennit fees, publication costs and taxes, as documented by such party, up to a maximum of $5,000. but such maximums shall not apply to costs directly related to the financing, such as fees of development consultant, market study, bond counsel and fiscal advisor. 3 SECTION 3. CONSTRUCTION SUPERVISION. The ACHRA shall supervise construction of the Project, and shall allow City to send a representative to assist in any construction inspection. ACHRA shall be responsible for submitting contractor invoices to the disbursing agent for payment. Copies of such payment requests will be provided to City upon request. SECTION 4. OWNERSHIP AND MANAGEMENT. Upon completion of construction of the Project, ACHRA shall continue in ownership of the Facility Site upon which the Project is located, and shall not transfer ownership of the Facility Site to any other entity except in accord with the provisions of a Right of First Refusal in favor of City, which is detailed on hereto attached Exhibit C, and which shall be recorded as an encumbrance upon the land upon its conveyance to the ACHRA as contemplated hereby. Further, following construction of the Project, ACHRA shall manage the buildings and grounds of the Project. Management may be through a management company by contract, on a fee basis, or by direct management through ACHRA, but all subsequent management of the buildings and grounds in the Project shall be subject to the following conditions: 1) Eligibility for Residency. Residency in the Project shall be exclusively limited to senior citizens. 2) Income Limits. Residency in 75% of the units in the Project shall be limited to residents with incornes no greater than 110% of the median income for the Twin Cities Standard Metropolitan Statistical Area. 3) Priority for Residency. For initial occupancy of the dwelling units in the Project, and thereafter at such times as all residential dwelling units in the Project are occupied and a waiting list is implemented, applicants shall be given priority for occupancy in accordance with the principles expressed herein. a) Applicants who are Priority Applicants shall be given occupancy before other applicants. Where two or more Priority Applicants are next in succession for a vacant unit, such Priority Applicants shall be allocated units in the order in which their respective applications were received. In the case of 4 couples, only one person need meet the criteria described below in order for the couple to meet the definition of a Priority Applicant. b) A "Priority Applicant" is an applicant who is at least 55 years of age, and who meets one of the following criteria, in the following order of priority: Priority 1) A person who has been domiciled within the corporate limits of the City of Centerville for an aggregate period of one year or more, or a person who is the parent of a person who has been domiciled within the corporate limits of the City of Centerville for any aggregate period of two years or more. Priority 2) A person who has been domiciled in the taxing area of the ACHRA for a period of at least six months prior to application, Priority 3) Any other person who has been domiciled in Anoka County for a period of at least six months prior to application. 4) Rental Amount Goals. Initial rents for the dwellings within the Project shall be in accord with the schedule below. Subsequent to the first occupancy, future rental amounts shall be consistent with the following amounts, as adjusted for inflation from time to time, and as adjusted to reflect operations costs. It is the intention of the parties that rents he sufficient to pay for debt retirement, operation costs, a reasonable reserve for capital improvements, maintenance and repair, and a reasonable management fee; it is not the intention of the parties to generate revenues beyond that necessary for the above or to generate revenue to go to the general fund of ACHRA or the City. Initial Rent One Bedroom Unit $550 per month Initial Rent One Bedroom & Den $600 per month Initial Rent Two Bedroom Unit $650 per month (NOTE: "Initial Rent" does not include garage or meals.) 5) Management Advisory Board. Upon completion of construction of the Project, ACHRA will create a Management Advisory Board, consisting of three representatives designated by the Centerville City Council, and two representatives 5 designed by ACHRA ( "Board "). This Board shall continue in existence so long as the Project exists, and shall provide advice to ACHRA in general management decisions on an ongoing basis. The Board shall meet periodically as needed, at the request of any two members, at a location to be agreed upon, and ACHRA shall make good faith efforts to accommodate the wishes of the Board in management decisions. 6) Selection of Private Management Company. At any time that a private management company is selected to manage the Project, the selection of such company and the selection of any successor to such company be made by the ACHRA, with the advice of the City and, after it is established, the Management Advisory Board. Any contract with a private management company shall be subject to the provisions of this Section 6, and the City shall have the right to review the proposed management contract prior to its execution for consistency with this section. The ACHRA shall have the obligation to enforce performance by the management company of its obligations under the management contract. SECTION 6. TIMETABLE. The parties shall make good faith efforts to observe the following timetable in performing their respective duties: A. Project Design August 1, 1997 B. City Acquisition of Land August 15, 1997 C. Pro Forma Financial Projections August 15, 1997 D. Construction Contract Award September 1, 1997 E. Union and Other Financing Commitments September 1, 1997 F. Bond Closing September 14, 1997 G. Completion of Project May 1, 1998 SECTION 7. MISCELLANEOUS PROVISIONS. A. Dispute It:solution. In the event of a dispute arising under the Joint Powers Agreement that cannot be resolved by mutual agreement of the parties, the parties agree to attempt to resolve their dispute by following the process described below. 6 1) A party shall provide written notice to the other party describing perceived conflict, positions and underlying reasons. 2) The party shall provide written response to notice within 7 days of receipt of notice. 3) The parties shall meet within 14 days of receipt of response with a neutral the Office facilitator. The neutral facilitator will be a representative fro m th Minnesota ffc e o f 'Dispute Resolution. 4) At the first meeting, the neutral facilitator will assist the parties in identifying the appropriate parties and participants in the dispute resolution process, their concerns, a meeting agenda and design for any subsequent meetings. The parties shall agree on a process for resolving the problem that would involve additional negotiations, mediation or arbitration. 5) In developing the process, the parties will be guided by the following principals: a) The parties will attempt in good faith to reach a negotiated settlement. b) The parties agree that there must be fair representation of the parties directly involved in the dispute. c) The parties will use legal proceedings as a last resort. d) In the event the parties are unable to resolve the dispute, each party retains all rights, remedies or defenses it had prior to entering the process. 6) The parties shall resolve their dispute within 60 days of their first meeting. If they fail to do so, either party may commence legal proceedings. B. City to Remain in Taxing Jurisdiction. For so long as bonds issued to finance the Project are outstanding, City shall remain in ACHRA's taxing jurisdiction. C. Management Fee. ACHRA shall be entitled to receive an annual management fee for overall project administration during its ownership of the realty and operation of senior citizen housing, which fee shall not exceed $4,000 per year, provided that such maximum amount shall be adjusted annually in accordance with the Consumer Price Index. 7 D. Term of Agreement. This agreement shall be in effect until the first of the following occurrences: 1) Termination in accordance with Section 2A hereof; 2) Transfer of the land by ACHRA to a third party following non - exercise by the City of its Right of First Refusal; 3) Exercise by the City of its Right of First Refusal. E. Records, Accounts and Reports. The ACHRA and the City shall establish and accounting t maintain such funds and accounts as may be required by good ac ounttn practices. The relevant books and records of the ACHRA and the City shall be subject to the provisions of Minnesota Statutes, Chapter 13, the Minnesota Government Data Practices Act, and Minnesota Statutes, Section 16B.04. F. Disposition of Excess Revenues. At the time that the bonds used to finance the Project are paid in full, should there be any funds remaining from Project revenues or proceeds from the sale of the Facility Site, such funds shall be divided equally between City and ACHRA, after first reimbursing City for the actual costs expended by City in acquiring the Facility Site, together with simple interest thereon at the average annual passbook rate experience by City from the date of payment to the date of reimbursement. Annual project operating revenues, if any, in excess of debt service and other operating costs of the Project, shall be accumulated in an operating reserve in an amount not in excess of one year's debt service and operating costs, and thereafter shall be distributed at the end of each bond year equally between the City and the ACHRA. G. Indemnification Agreement. City does hereby agree to indemnify, save, defend and hold the ACHRA, its employees, agents, directors, trustees and servants, harmless from any and all claims, demands, liabilities and costs, including without limitation attorney's or other professionals' fees and the costs of investigation and remediation, arising from (a) any release of, or threat of a release of, oil or hazardous materials or substances or of any environmental hazards or potential hazards, actual or alleged, upon or about the property described in Exhibit A (hereinafter "Facility Site ") or respecting any products or materials previously or now located upon, delivered to or in transit to or from the Facility Site occurring prior to or during the period of 8 ownership by the ACHRA, regardless of whether such release or threat of a release or alleged release or threat of release has occurred prior to the date hereof or hereafter occurs and regardless of whether such release or threat of a release or alleged release or threat of release occurs as the result of the negligence or misconduct of the City or any third party or otherwise, or (b) any violation, actual or alleged, of or any other liability under or in connection with any law, statute, ordinance, rule or regulation of any governmental or quasi - governmental authority, specifically including without limitation the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act, both as amended, or any other environmental protection or toxic waste or hazardous substance handling, treatment, storage or disposal laws, statutes, ordinances, rules or regulations upon or about the Facility Site or respecting any products or materials previously or now located upon, delivered to or transit to or from the Facility Site, occurring prior to or during the period of ownership by the ACHRA, regardless of whether such violation or alleged violation has occurred prior to the date hereof or hereafter occurs and regardless of whether such violation or alleged violation occurs as a result of the negligence or misconduct of City or any third party or otherwise. The obligations imposed upon the City under the provisions of this paragraph Section 7.G. shall survive both the closing of the sale of the property to the ACHRA and the termination of this Joint Powers Agreement (provided the ACHRA takes title to the property described in Exhibit A hereto) and shall remain in effect until specifically terminated in writing between the parties. H. Notices. Notices hereunder shall be in writing and shall be deemed to have been given at the time when mailed in a United States Post Office by regular, first -class mail, postage prepaid to the addresses set forth, which addresses may be amended in writing from time to time in the manner herein provided for notices: To the City: City of Centerville 1880 Main Street Centerville, MN 55038 Attn.: City Administrator 9 To the ACHRA: Anoka County Housing and Redevelopment Authority 2100 Third Avenue Anoka, MN 55303 Attn.: Executive Director IN WITNESS WHEREOF, the parties have executed this Agreement on the date above written. - ANOKA COUNTY HOUSING AND CITY OF CENTERVILLE REDEVELOPMENT AUTHORITY By: By: Paul McCarron Tom Wilharber Its Chairman Its Mayor ATTEST: By: Tim Yantos James March Its Executive Director Its City Administrator Dated: APPROVED AS TO FORM: APPROVED AS TO FORM: By: Assistant County Attorney City Attorney I \CIVATTl Q UithRA'\SENIOCENT A CPJPARED 10 EXHIBIT C Right of First Refusal to Acquire Property THIS AGREEMENT made this day of , 1997, by and between the Anoka County Housing and Redevelopment Authority (the "ACHRA ") and the City of Centerville (the "City "). WITNESSETH WHEREAS, the ACHRA and the City have entered into a Joint Powers Agreement dated as of , 1997 (the "Joint Powers Agreement ") pursuant to which they have agreed to act jointly in the development and operation of a rental apartment project for senior citizens to be located in the City of Centerville on the property described on Exhibit A hereto (the "Land "); and WHEREAS, the City initially acquired the Land and conveyed the Land to the ACHRA to be owned by the ACHRA as contemplated by the Joint Powers Agreement; and WHEREAS, the ACHRA will issue certain tax- exempt housing development revenue bonds to be paid from the operating revenues of the project to be constructed upon the Land and certain other agreed upon sources and to be further secured by the general obligation of the City; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. In the event that the ACHRA determines to sell the Land and the improvements thereon ( "the Project "), it shall first give notice of such intention to the City in writing at the notice address hereinafter set forth. The City shall, within 45 days of its receipt of notice hereunder, give written notice to the ACHRA of its intention to exercise its right to acquire the Land and the Project hereunder. If the ACHRA has not received such notice within such time C -1 period, the ACHRA may proceed to offer the Land and the Project for sale to others as it shall determine, and this Right of First Refusal to Acquire Property shall terminate and be of no further force and effect. 2. The City shall have the right to acquire the Land and the Project in consideration of its assumption of all outstanding debt with respect to the Land and the Project, and with no additional cash payment; provided, however, that if the City should resell the Land and the Project or fail to operate the Project as a senior citizen housing project consistent with the limitations of Section 4 of the Joint Powers Agreement at any time during a period which commences on its acquisition of title and extends for a period equal to the period during which the ACHRA held title to the Land, sale proceeds in the case of sale, or appraised value of the Project as a market rate housing project in the case of failure to operate, if any, in excess of amounts necessary to pay retraining debt service costs of the original bond financing shall be divided equally between the City and the ACHRA. 3. The ACHRA makes no representations whatsoever as to the character of the real estate involved, zoning ordinances, state of title, marketability of title, liens, encumbrances, sewers, encroachments or restrictions of any kind whatsoever, and agrees only to convey whatsoever title it has; provided that the ACHRA covenants that it shall allow no liens to attach to the Land during its period of ownership, and upon exercise by the City of its rights hereunder, the ACHRA shall return title to the Land to the City in the same condition as it was received from the City. 4. Notices hereunder shall be in writing and shall be deemed to have been given at the time when mailed in a United States Post Office by regular, first -class mail, postage prepaid to the addresses set forth, which addresses may be amended in writing from time to time in the manner herein provided for notices: To the City: City of Centerville 1880 Main Street Centerville, MN 55038 Attn.: City Administrator C -2 To the ACHRA: Anoka County Housing and Redevelopment Authority 2100 Third Avenue Anoka, MN 55303 Attn.: Executive Director IN WITNESS WHEREOF, the City and the ACHRA have duly executed this Right of First Refusal to Acquire Properly as of the day and year first above written. CITY OF CENTERVILLE By: Tom Wilharber Its Mayor By: James March Its City Administrator STATE OF MINNESOTA ) COUNTY OF The foregoing instrument was acknowledged before me this day of 199_ by and the and the , of the City of Centerville, Minnesota, a public body corporate and politic under the laws of the State of Minnesota on behalf of the City. Notary Public C -3 ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: Paul McCarron Its Chairman By: Tim Yantos Its Executive Director STATE OF MINNESOTA ) COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 199 by and , the and the , of the Anoka County Housing and Redevelopment Authority, a public body corporate and politic under the laws of the State of Minnesota on behalf of the ACHRA. Notary Public C-4 CITY COPY Revised July 7, 1997 Development Contract Lakeland Hills Centerville, Minnesota (Developer Installed Improvements) THIS AGREEMENT made this day of , 1997, is by and between the City of Centerville, whose address is 1880 Main Street, Centerville, Minnesota 55038, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Royal Oaks Realty, a Minnesota corporation, whose address is 4196 Lexington Avenue, Shoreview, MN 55126, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval from the City Council for a preliminary plat of land within the corporate limits of the City known as Lakeland Hills, hereinafter called "Subdivision "; and WHEREAS, the Developer has applied to the City to be allowed at the Developer's expense to construct all surfaced streets, curb and gutter, required landscaping, storm sewer, stormwater ponds, drainage facilities, watermain and sanitary sewer facilities, hereinafter referred to as Street and Utility Improvements; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the plat, hereinafter referred to as Private Improvements; NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: A. PRIVATE IMPROVEMENTS. The Developer will construct and install at Developer's expense the general improvement construction according to ordinance #8, Section 38.01 and other improvements specific to the development herein set forth. 1. Cost of Private Improvements, description: a. Street name signs approximately 3 C $250 /each $750 b. Traffic signs, stop sign, dead -end, etc.) approximately 5 @ $200 /each $1,000 c. Utility markers approximately 10 @ $200 $2,000 d. Street sweeping 6 each @ $600 /each $3,600 260/083- 1904 Page 1 Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 e. Signage and barricades 1 each @ $200 /each $200 f. Flushing of storm sewers, once per year until all lots are built upon $5,000 g. Street lights approximately 5 lights @ $500 /light $2,500 h. E: 2s� � yam os, i. 600 square yards per lot @ $2.00 /SY $48,000 j. City administration for review and compliance of above 80 hours CO $30 /hour $2.400 Total Estimated Cost $77,450 Developer Retainage (110 %) $85,195 All of the above items under Section 1 with the exception of the trees and sod on unbuilt lots shall be completed by September 1, 1997. 2. Also included as items associated with the Private Improvements, the Developer shall undertake or arrange to accomplish the following: a. Site Development Issues. 1) Coordinate with the utility companies to provide for gas main, telephone lines, cable lines, and power lines to service the properties developed on the final plat according to the City's joint trench policy. 2) Provide seeding and vegetation maintenance and control over denuded or graded areas and mitigation area, at the City's direction. 3) Provide street name signs and stop signs. 4) Establish lot corner monumentation within 60 days of grading completion or by September 1, 1997, after filing the final plat, whichever is sooner. 5) Provide such street maintenance and control of builder's actions to maintain roadways clear of mud, soil, and debris to provide safe driving surfaces. 2601083- 1904.feb Page 2 Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 The Developer shall provide street sweeping within 24 hours of the City's request for such services. 6) Provide for landscaping in accordance with City ordinances and other requirements. 7) The storm sewer culverts under Main Street shall be cleaned of debris and flushed prior to the beginning of the street and utility improvements. The Developer shall coordinate this effort with the Anoka County Highway Department. The Developer shall accomplish or cause to be accomplished these actions according to generally accepted trade standards. The Developer will cause to be furnished to the City a schedule of proposed operations at least five days prior ^ ., �t„ t( t to commencement of his construction activities. c onstruction vehicles for site grading, streets, and utilities will utilize the existing blacktop surface on Main Street to access the site. At no time shall vehicles associated with the plat development be allowed to access the site from Center Street. Centerville Road, either north or south of the development. Qfrr b. Site Grading. No certificate of occupancy shall be issued for any lot without the proper grading checked of those lots as determined by the Building Inspector. Only two building permits will be issued until the rough grading for the site has been completed and approved by the City Engineer. c. Erosion Control. The Developer shall control erosion insuring: 1) All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. 2) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. 3) Land shall be developed in increments of workable size, as determined by the City, such that adequate erosion and siltation controls as directed by the Engineer can be provided as construction progresses. The smallest practical area of land, as determined by the City, shall be exposed at any one period of time. 2601083- 1904. Page 3 Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 4) Where the topsoil is removed, sufficient arable soils shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development and the Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (before occupancy). All disturbed areas shall be seeded. The quality of the top soil restored shall be equivalent to the top soil on the development prior to the removal. d. Inspection. All of the work shall be under and subject to the inspection and approval of the City and the City Engineer and, where appropriate, any other governmental agency having jurisdiction. e. Easements. The Developer shall make available to the City, at no cost to the City, all permanent or temporary easements necessary for the installation and use of the both the Private Improvements and the Street and Utility Improvements, as determined by the City Engineer. All such easements requested by the City shall be in writing, in recordable form, and on the standard easement form of the City and on such other terms and conditions as the City shall determine. The Developer shall be fully responsible for the recording of such easements. f. Faithful Performance of Construction Contracts and Letter of Credit. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Private Improvements and hereby guarantees the workmanship and materials for a period of two years following the City's final acceptance of the Private Improvements. The Developer agrees to guarantee for a period of one year the tree plantings required as part of the Developer's Agreement, including one tree per lot, as per City Ordinance. Each specific tree guarantee period shall begin with the planting of each specific tree. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of the Private Improvements as indicated in Paragraph Al. The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Centerville and shall state thereon the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. Such letter of Credit may be reduced upon completion and acceptance of the Private Improvements by the City to an amount deemed adequate by the City Engineer to cover the two year warranty period described herein. The City shall have the right during said warranty period to draw on the Letter of Credit for any warranty work that is necessary. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of 260/083- 1904.feb Page 4 Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be renewed or replaced by not later than twenty (20) days prior to its expiration with a like letter or bond. g. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed Private Improvements at the time of the requested reduction. The amount of reduction will be determined by the City and such recommendation will be submitted to the City Council for action. h. Approval of Contractors. Any contractor selected by the Developer to construct and install any Private Improvements must be determined in writing by the City Engineer to be acceptable. The City reserves the right to require satisfactory proof of successful experience and adequate financial status by any such contractor. i. Individual Lots. Individual lots will be provided a service for connection to the drain tile system along the curb and gutter as appropriate according to placement of the draintile system. The builder must connect sump pump discharge lines or gravity dram tile lines to this connection. The Developer shall insure that all homes constructed in the development meet the architectural and restrictive covenants agreement as approved by the City of Centerville: B. STREET AND UTILITY IMPROVEMENTS. In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Street and Utility Improvements "), to include improvements as described by the plans, specifications, and contract documents entitled Lakeland Hills Streets and Utilities, as prepared by the City Engineer, Howard R. Green Company, and as adopted and approved by the City Council of the City of Centerville. Said improvements shall be constructed and installed by the City to serve the Subdivision on the terms and conditions according to Ordinance #8, Section 38.01, and other improvements specific to the development herein set forth: 1. Street Construction. The base course shall be completed before September 1, 1997. The wear course shall be completed before September 1, 1998, or when the City deems appropriate according to the progress of work on the individual Lots. The Developer shall be liable for any increase in cost for construction of the wear course due to delays in construction on the individual lots. 2. Construction Procedures. All such improvements set out in Ordinance #8, Section 38.01, and as additionally specified herein shall be instituted, constructed, and financed as follows: 260/083- 1904.feb Page 5 Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 a. The Developer shall provide to the City in writing an indication of the contractor selected by the Developer to construct and install the Street and Utility Improvements. The City shall reserve the right to determine if the contractor selected by the Developer is acceptable. The City reserves the right to require satisfactory proof of successful experience and adequate financial status by any such contractor. b. Construction shall not begin until written notice authorizing construction to start is received by the Developer from the City. c. Construction shall be completed to the standards and specifications described in the plans and specifications entitled Lakeland Hills Streets and Utilities. d. The Developer shall provide a Disbursement Agreement as Security for the construction of the Street and Utility Improvements as referenced in paragraph B above, Street and Utility Improvements. e. As outlined in the Disbursement Agreement, the City shall give written notice to the Developer and the Lender whether the City approves or rejects the Street and Utility Improvements through that particular stage of construction submitted for approval. 3. Se uri - • f S ial As essm- is a id Res tired Pa • nt T , eref.. Prior to the preparation of final plans and specifications for the construction of said improvements, the Developer shall provide to the City a cash escrow in an amount indicated in writing to provide for financing the cost of preparing said final plans and specifications by the City Engineer. Furthermore, the Developer shall also provide a cash escrow to the City in an amount indicated in writing to provide for financing the cost of inspection, staking, and construction administration by the City Engineer. Said cash escrow, including accrued interest thereon, may be used by the City upon default by Developer in the payment of special assessments pursuant hereto, whether accelerated or otherwise. That such cash escrow or letter of credit shall remain in full force and effect throughout the term of the special assessments, except the amount of the request of the Developer, at the City's option, but in no event shall be less than the total of the outstanding special assessments against all properties within the Subdivision. The entire cost of the installation of such improvements, including any reasonable engineering, legal, and administrative costs incurred by the City, shall be assessed against the benefitted properties within the Subdivision in ten (10) equal annual installments with interest on the unpaid installments at a rate not to exceed the maximum allowed by law. All special assessments levied hereto shall be payable to the Deputy Clerk in semiannual installments over ten (10) years commencing on May 15, 1997, of the year after the levy of such assessment and on each October 15th and May 15th thereafter 260/083- 1904.feb Page 6 Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 until the entire balance plus accrued interest is paid in full unless paid earlier. In the alternative, the City, at its option, may certify the entire assessment roll to the Anoka County Auditor for collection with the real Estate Taxes. In the event any payment is not made on the dates set out herein, the City may exercise its rights granted hereunder for such default. The Developer waives any and all procedural and substantive objections to the installation of the public improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to the property. In the event the total of all City Installed Improvements is less than originally estimated by the City Engineer in his feasibility report, Developer waives any appeal rights otherwise available pursuant to MSA 429.081. 4. Require Payments of Special Assessments by Developer. Developer, its heirs, successors, or assigns hereby agrees that prior to or on issuance of certificate of occupancy, to pay the entire unpaid improvement costs assessed or to be assessed under this Agreement against such property. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors, or assigns shall pay the City the sum of cash equal to the Engineer's estimate of the special assessments for such improvements that would be levied against the property. Upon such payment, the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. 5. Acceleration Upon Default. In the event the Developer violates any of the covenants, conditions, or agreements herein contained to be performed by the Developer, violates any ordinance, rule, or regulation of the City, County of Anoka, State of Minnesota, or other governmental entity having jurisdiction over the plat, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City, at its option, in addition to its rights and remedies hereunder, after ten (10) days' written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this Agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided in Paragraph (B) hereof. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest, the City may certify such outstanding special assessment in full to the County Auditor pursuant to MS 429.061, Subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. Also, if the Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this agreement, the City, at its option, may refuse 260/083- 1904.feb Page 7 Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 to issue building permits to any of the property within the plat on which the assessments have not been paid. C. RECORDING AND RELEASE. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on page 1 hereof. D. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not Limited to, the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. E. OCCUPATION OF PREMISES. The Developer further agrees that they will not cause to be occupied any premises upon the plat or any property within the plat until the completion of the gas, electric, telephone, water, and sewer improvements required by this Development Contract have been installed, unless the City has agreed in writing to waive this requirement as to a specific premises. Furthermore, Developer shall be granted no certificates of occupancy for homes within the plat prior to substantial completion of all Private and Street and Utility Improvements described in this Agreement. F. CLEAN UP. The Developer shall be responsible to keep new and existing streets clean and shall conduct routine sweeping of the project area. The Developer shall clean streets no later than 24 hours after being notified by the City. G. HOMEOWNER NOTICE. Developer agrees to provide the owner of each lot purchased within the development on or before the date of closing a statement in substantially the form shown as Exhibit A hereto. A signed copy of such agreement shall be returned to the City within ten (10) days following execution by the homeowner. H. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements shall become City property without further notice or action. I. REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorney's fees. J. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph, or phrase in this contract 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 the Development Contract. 2601083- 1904.feb Page 8 Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 K. GENERAL 1. Binding Effect. The terms and provisions hereof shall be binding upon and insure 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 Subdivision and shall be deemed covenants running with the land. 2. Notice. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. 3. Final Plat Al2nroved. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this Agreement and of all required petitions, bonds, fees, and securities indicated in Exhibit B. 4. Incorporation by Reference. All 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 fully as if set out herein in full. L. VIOLATION OF AGREEMENT, In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the plat until such time as such default has been corrected to the satisfaction of the City. M. PARK DEDICATION The Developer agrees to provide park dedication to the City in the f orm of . . . ..: . ... . .. - - - - .. •t , 6 e'.. .. . - . a cash payment of $30,000 calculated at $750 per lot multiplied by 40 lots. N. TRAIL DEDICATION The trail dedication fee shall be waived in lieu of the Developer paying the full cost of construction of the concrete sidewalk and bituminous trail shown on the plans. O. STORMWATER FEES The stormwater fee shall be paid by the Developer prior to approval of the final plat. This fee is $22,829.53, based on a charge of $0.01546 per square foot of 33.9 acres of platted area. P. F U' T ULAIN EXTEN • FE The Developer agrees to pay a fee in the sum of $50,000 to be deposited into te of Centerville Water Fund for use in the construction of watermain north from the Lakeland Hilts Development along Centerville 260/083- 1904.feb Page 9 Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 Road and east along Peltier Lake Drive. The City of Centerville reserves the right to use the fee at any time in the future for this project, and is under no obligation to complete the project within any time constraint. Q. LIABILITY INSURANCE REQUIREMENT. The Developer shall provide to the City, at the Developer's expense, general public liability and property damage insurance including vehicle coverage protecting the City and the Developer from all claims for personal injury, including death, and all claims for construction of or damage to property, arising out of or in connection with any operations under these contract documents, whether such operations be by the Developer, its Contractor, or by any subcontractor, or anyone directly or indirectly employed by the Contractor or by a subcontractor under him. Insurance shall be written with a limit of liability of not less than $600,000 for all damages arising out of bodily injury including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $1,000,000 for any such damage sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $300,000 for all property damage sustained by one person in any one accident, and a limit of liability of not less than $600,000 for any such damage sustained by two or more persons in any one accident. The insurance policies shall accompany the contract for its execution by the Developer and the City of Centerville. The above insurance policies shall be in full force and effect during the life of this contract. DEVELOPER CITY OF CENTERVILLE Royal Oaks Realty, Inc. By: By: Mayor ATTEST: By: City Clerk 260 /083- 1904.feb Page 10 • Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 I, , the undersigned, do hereby verify that I am a partner of the corporation known as Royal Oaks Realty, Inc., and hereby personally guarantee all duties, obligations, and undertaking of said corporation set forth in this Development Contract. STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this day of , 1996, before me, a Notary Public within and for said County, personally appeared Tom Wilharber to me known to be the Mayor of the City of Centerville, and who executed the foregoing instrument and acknowledged that he executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this _ day of , 1996, before me, a Notary Public within and for said County, personally appeared Ry -Chel Gaustad to me known to be the City Clerk of the City of Centerville, and who executed the foregoing instrument and acknowledged that she executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) On this day of , 1996, before me, a Notary Public within and for said County, personally appeared to me known as a partner of Royal Oaks Realty, Inc., a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) On this - day of , 1996, before me, a Notary Public within and for said County, personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public 260/083- 1904.feb Page 11 Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 EXHIBIT A I, , future homeowner of Lot , Block Lakeland Hills Development, do understand that: • It is my responsibility as property owner that within one year from the issuance of the Occupancy Permit my lot will be landscaped in a manner that prevents erosion due to wind or water. • It is my responsibility as property owner to maintain the sod and trees that have been installed. Trees are guaranteed for one year from initial plant date. • Grading will not be altered on my lot. Drainage will comply with the grading plan. Date: Potential Buyer Signature A copy of this must be returned to the City of Centerville, 1880 Main Street, Centerville, Minnesota 55038, prior to issuance of the Building Permit. 260/083- 1904.feb Lakeland Hills CITY COPY Development Agreement Revised July 7, 1997 EXHIBIT B CASH FEES 1. Stormwater Fee $22,829.53 2. Park Dedication Fee $30,000 3. Future Watermain Extension Fee $50,000 4. Final Plat Filing $200.00 5. Administration Fees $100 /Lot $4 000.OQ TOTAL $77,229.53 $107,029.53 i :siz:.g Utihtics $ SECURITIES 1. Street and Utility Improvements (Disbursement Agreement) $500,000.00 2. Private Improvements (Paragraph Al) $2671-7-5700 $116.175.00 TOTAL $52 .175 OO $616,175.00 260/083- 1904.feb