HomeMy WebLinkAboutX-C-02 (a-d) South Oaks of Hastings 4th Addition
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: October 16, 2023
Item: South Oaks of Hastings 4th Addition
Council Action Requested:
Consider action on the following requests of Greg J Homes for development of South Oaks of
Hastings 4th Addition, a 35-lot single family subdivision generally located southwest of 31st
Street and Century Drive. All actions require a simple majority of Council.
1) Resolution: Vacation of Easement – South Oaks of Hastings 2nd Addition: Remove
existing drainage and utility easements as platted in a previous addition. New drainage
and utility easement will be established with the current 4th Addition plat. The City
Council held the public hearing for the vacation at the September 18, 2023 meeting. No
comments were received.
2) Resolution: Preliminary and Final Plat Approval – South Oaks of Hastings 4th
Addition: Approval to subdivide property in to 35 single family lots.
3) Authorize Signature: Development Agreement – Memorializes the conditions of plat
approval and establishes standards for site development.
4) Authorize Signature: Stormwater Management Agreement - Establlishes
construction and maintenance obligations for stormwater management facilities.
History
Over the last 20 years, various approvals have been granted for the area now being platted as
South Oaks 4th Addition. The last approvals granted in 2021 have expired and are no longer
valid.
Stormwater Ponding
The developer has agreed to construct a stormwater pond within the northeast corner of the plat
(Outlot D) for on-site stormwater treatment. Ownership of the outlot would be transferred to the
City with future owners of plat liable for maintenance expenses.
The depth of the infiltration basin on Outlot D exceeds our normal depth to establish and
maintain vegetation. To ensure vegetation does not become a nuisance, the typical warranty
period has been extended to three years.
X-C-02 (a-d)
Advisory Commission Review:
Planning Commission Meeting – September 25, 2023 - The Commission voted 4-0 to
recommend approval of the request as presented by staff. Two residents shared concerns
about lot sizes, density of homes, number of lots, safety of kids on streets, tree preservation,
and park dedication. The developer also addressed some concerns. Commissioners
discussed maintenance of the outlot and that although they may prefer to see changes to the
development, it appears to meet city requirements.
Planning Commission Meeting – August 28, 2023 - The Commission voted 4-0 to table
the application and public hearing at the request of Staff. During the public hearing three
individuals provided comment pertaining to the number of homes in the area, traffic and
safety concerns for children, snow management, loss of trees, and increase of home from past
plat applications. Commissioners discussed rationale for a planned residential development,
street width, and storage of snow.
Financial Impact:
The addition of 35 home sites will add to the tax base and create needed housing opportunities.
Attachments:
• Resolution – Vacation of Easement – South Oaks of Hastings 2nd Addition
• Resolution – Preliminary and Final Plat Approval – South Oaks of Hastings 4th Addition
• Minutes - Planning Commission – September 25, 2023
• Minutes – Planning Commission – August 28, 2023
• Staff Memo - Planning Commission – September 25. 2023
• Development Agreement - South Oaks of Hastings 4th Addition
• Stormwater Management Agreement - South Oaks of Hastings 4th Addition
X-C-02 (a-d)
RESOLUTION NO. _______
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
A RESOLUTION VACATING
CERTAIN EASEMENTS LOCATED
WITHIN THE CITY OF HASTINGS, MINNESOTA
WHEREAS, pursuant to Minn. Stat. § 412.851, the City Council may vacate any street,
alley, public grounds, public way or any part thereof within the City by Resolution; and
WHEREAS, Greg J. Homes of Hastings, Inc. initiated the vacation the certain easements
over property in Hastings, Minnesota, which are legally described and depicted on Exhibit A
(“Existing Easements”), attached hereto and incorporated herein; and
WHEREAS, a notice of a public hearing on said vacation was duly published and posted
in accordance with applicable Minnesota Statutes and a public hearing was held on said vacation;
and
WHEREAS, the City Council of Hastings then proceeded to hear all persons interested
in said vacation and all persons interested were afforded an opportunity to present their views and
objections to the granting of said vacation; and
WHEREAS, the City Council of Hastings has determined that the vacation would be in
the public interest.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings:
1. That the City of Hastings, pursuant to Minn. Stat. § 412.851, hereby vacates the easements
situated in the City of Hastings, County of Dakota, State of Minnesota, legally described
on the attached Exhibit A.
2. That said vacation has no relationship to the City’s Comprehensive Plan and therefore the
Hastings City Council has dispensed with the requirements of Minn. Stat. § 462.356, Subd.
2, that may require the Hastings Planning Commission to perform a Comprehensive Plan
compliance review of said vacation that may constitute a disposal of real property pursuant
to § 462.356, Subd. 2.
3. That the City Clerk shall prepare a notice to be presented to the Dakota County Auditor
reflecting the completion of the proceedings herein.
X-C-02 (a-d)
Council member ______________________ moved a second to this resolution and upon
being put to a vote it was adopted by the Council Members present.
Adopted by the Hastings City Council on October 16, 2023, by the following vote:
Ayes:
Nays:
Absent:
ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh,
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on 16th of October,
2023, as disclosed by the records of the City of Hastings on file and of record in the office.
________________________________
Kelly Murtaugh, City Clerk
(SEAL)
This instrument drafted by:
City of Hastings
101 4th St. E.
Hastings, MN 55033
X-C-02 (a-d)
EXHIBIT A
LEGAL DESCRIPTION OF
EASEMENT TO BE VACATED
X-C-02 (a-d)
X-C-02 (a-d)
HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
GRANTING PRELIMINARY AND FINAL PLAT APPROVAL OF SOUTH
OAKS OF HASTINGS 4TH ADDITION
Council member ___________________________ introduced the following
Resolution and moved its adoption:
WHEREAS, Greg J Homes of Hastings, Inc. has petitioned for Preliminary Plat and
Final Plat approval of SOUTH OAKS OF HASTINGS 4TH ADDITION consisting of 35
single family lots and four outlets. The subject property is owned by Gregory and Susan
Jablonske and is generally located southwest of 31st Street and Century Drive and legally
described as Outlot A, SOUTH OAKS OF HASTINGS 2ND ADDITION, Except that
portion platted as SOUTH OAKS OF HASTINGS 3RD ADDITIO, Dakota County,
Minnesota; and
WHEREAS, on September 25, 2023, review of the plat was conducted before the
Planning Commission of the City of Hastings, as required by state law, city charter, and
city ordinance; and
WHEREAS, The City Council has reviewed the request and recommendation of the
Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the Preliminary Plat and Final Plat as presented
subject to the following conditions:
1) Final approval of all Civil Plans including Grading, Drainage and Erosion Control
Plans, and Utility Plans by the Public Works Director.
2) Ownership of Outlot D must be transferred to the City of Hastings for stormwater
management.
3) Execution of a Development Agreement to memorialize conditions of approval
and to establish applicable escrow amounts to ensure completion of public
improvements.
X-C-02 (a-d)
4) Execution of a stormwater access and maintenance agreement between the City
and property owner prior to recording of the final plat.
5) All disturbed areas on the property shall be stabilized with rooting vegetative
cover to eliminate erosion control problems.
6) Submission of certification of taxes paid in full for the property prior to release
of the final plat mylars for recording.
7) Payment of $77,000 ($2,200 x 35 lots) to satisfy park dedication requirements
prior to release of the final plat mylars for recording.
8) Payment of $16,975 ($485 x 35 lots) in sewer interceptor fees prior to release of
the final plat mylars for recording.
9) Individual mailboxes for each home are not permitted. Mailboxes must be
grouped into clusters.
10) Developer shall plant "boulevard" trees of at least 1.5 caliper inches according
to the submitted tree plan. An escrow is required for any unplanted trees
before a certificate of occupancy is issued.
11) One “front yard” tree of at least 1.5 caliper inches must be planted by the builder or
developer on every platted lot. An escrow is required for any unplanted trees before
a certificate of occupancy is issued.
12) Relocate or replace existing trees located on Block 3 that are impacted by grading.
The tree locations should create a buffer between the proposed 4th Addition and
2nd Addition. Relocation onto the adjacent South Oaks 2nd Addition property is
acceptable upon written agreement with the owners of the adjacent property.
13) Outlots A, B, and C must be deeded to the respective abutting properties to the north so
as not to remain remnant parcels.
14) Any uncompleted site work (including landscaping) must be escrowed for prior to
issuance of a certificate of occupancy.
15) Approval is subject to a one-year Sunset Clause; the plat must be recorded with
Dakota County within one year of City Council approval or approval is null and
void.
Council member ______________________ moved a second to this resolution and
upon being put to a vote it was adopted by the Council Members present.
X-C-02 (a-d)
Adopted by the Hastings City Council on October 16, 2023, by the following vote:
Ayes:
Nays:
Absent:
ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh,
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution
presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on
the 16tth day of October, 2023, as disclosed by the records of the City of Hastings
on file and of record in the office.
________________________________
Kelly Murtaugh, City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (JH)
101 4th St. E.
Hastings, MN 55033
X-C-02 (a-d)
Planning Commission Minutes – September 25, 2023
Greg J Homes – Continued – Preliminary and Final Plat #2023-21 – South Oaks
4th Addition
Director Hinzman provided a summary of the request of the Preliminary and Final
Plat application of the South Oaks of Hastings 4th Addition as submitted by Greg J.
Homes. The public hearing and review are continued from the August 28, 2023
Planning Commission meeting. The proposed 35 lot subdivision is generally located
Southwest of 31st Street and Century Drive. Hinzman shared the development
history of the area, indicating that a similar request was approved by the City in
2017. Approvals from 2017 are null and void due to failure of the developer to record
the plat within the one-year sunset clause requirement that expired in February,
2018.
Chair Messina re-opened the public hearing at: 7:10 PM
Gabrielle and Rene Wegner, 734 South Oaks Drive, Mrs. Wegner expressed
concern for increased number of homes with smaller lot sizes, traffic concerns,
safety concerns of children, preservation of vegetation in the area. Mr. Wegner
posed questions regarding parkland dedication fees. Additional concerns raised
regarding residential waste and snow removal.
Greg Jablonski, of Greg J Homes responded to concerns expressed by residents
and shared additional details of the development. Jablonski responded to the
parkland dedication fees and minimum setback requirements. Hinzman indicated the
application was received prior to the recent increase of parkland dedication fees.
Jablonski shared the proposal is aimed to meet current market needs.
Gabrielle and Rene Wegner, 734 South Oaks Drive, posed questions around the
resale price of current homes in the area and expressed the expectation of the
quality of the homes to be constructed. Mr. Wegner reiterated their concerns for
safety and the number of homes in the development and the future of the housing
market.
Chair Messina closed the public hearing at: 7:28 PM and invited Commissioners to
ask questions or offer comments.
Commission discussion on Outlot D in regard to ownership, maintenance, and fees.
Hinzman indicated it was determined that the maintenance fees would be paid by
the thirty-five (35) property owners in the development. The City would own Outlot
D, evaluate the stormwater pond, and hire contractors for maintenance. Commission
shared the requirements are met, indicating the next steps should be taken by the
City Council.
Commissioner Peters motioned to approve the Preliminary and Final Plat request as
presented, seconded by Commissioner McGrath.
X-C-02 (a-d)
Commission discussion on Planned Residential Development and the minimum size
lot requirements and additional stipulations. Hinzman indicated Planned Residential
Development is a part of zoning and that it does not expire. Hinzman shared the
next steps of the request.
Ayes: Commissioners Messina, LeBrun, McGrath, and Peters.
Nays: None
Absent: Halberg, Teiken.
Planning Commission Minutes – August 28, 2023
Greg J Homes – Preliminary and Final Plat #2023-21 – South Oaks 4th Addition
Director Hinzman provided a summary of the request related to the Preliminary and
Final Plat application of the South Oaks of Hastings 4th Addition as submitted by
Greg J. Homes. The proposed 35 lot subdivision is generally located Southwest of
31st Street and Century Drive. Planning Commission is requested to hold a public
hearing and review development plans as well as table action until the September
11, 2023 Planning Commission Meeting. At this time, additional information must be
submitted by the developer to complete the review of civil plans for stormwater
treatment. Staff cannot provide a recommendation for approval until plans are
submitted and reviewed. Hinzman shared the development history of the area,
indicating this same request was approved by the City in 2017. Approvals from 2017
are null and void due to failure of the developer to record the plat within the one-year
sunset clause requirement that expired in February, 2018.
Chair Messina opened the public hearing at: 7:23 PM
Gabrielle and Rene Wegner, 734 South Oaks Drive, expressed concern for
increased traffic, safety concerns for children, an increased number of homes with
smaller lot sizes, snow fall and removal, as well as current vegetation in the area.
Abram Whitebird, 765 31st Street West, expressed concerns of current ponding
issues during winter months.
Erica Wood, 3500 Century Drive, expressed concerns for the increased number of
homes, water ponding concerns, and impact on current vegetation.
Greg Jablonski, responded to concerns expressed by residents and shared
additional details of the development.
Chair Messina closed the public hearing at: 7:39 PM and invited Commissioners to
ask questions or offer comments.
Commission discussion on narrow roadways, lack of pedestrian sidewalks, and
snow removal concerns. Commissioners discussed the ownership of Outlot D within
the plan and current vegetation plans. Hinzman indicated that Outlot D would be
owned and maintained by the City, including the site plan will show the vegetation
X-C-02 (a-d)
plan as a whole. Commissioners expressed concerns regarding pedestrian safety
throughout the area. Hinzman shared there are two things that regulate sidewalk
improvements, one being the subdivision ordinance and the other being the People
Movement Plan. Commissioners expressed the need to see the final plan. Hinzman
indicated the Commission can provide suggestions to the developer for
consideration in the final plan. Hinzman shared history of the South Oaks
development.
Commissioner LeBrun motioned to continue the public hearing to the September 11,
2023 Planning Commission meeting, also tabling action until the September 11th
meeting, seconded by Commissioner Peters.
Ayes: Commissioners Messina, LeBrun, Peters, and Teiken.
Nays: None
Absent: Halberg, McGrath
X-C-02 (a-d)
Planning Commission Memorandum
To: Planning Commission
From: John Hinzman, Community Development Director
Date: September 25, 2023
Item: Public Hearing – South Oaks 4 - Preliminary and Final Plat - CONTINUED
REQUEST
The Planning Commission is asked to take the following actions related to the Preliminary and
Final Plat application of South Oaks of Hastings 4th Addition as submitted by Greg J Homes.
The proposed 35 lot subdivision is generally located southwest of 31st Street and Century Drive.
1) Continue the public hearing.
2) Recommend action on the Preliminary and Final Plat Application.
The Planning Commission voted 4-0 to recommend continuation of both the public hearing and
application at the August 28th meeting.
BACKGROUND INFORMATION
Planning Commission Meeting – August 28, 2023
Public hearing opened with three individuals providing comment pertaining to the number of
homes in the area, traffic and safety concerns for children, snow management, loss of trees, and
increase of homes from past plat applications. Commissioners discussed rationale for a planned
residential development, street width, and storage of snow. Commission voted 4-0 to continue
the public hearing and table the application to the September 11, 2023 Planning Commission
meeting at the request of staff.
History
Over the last 20 years, various approvals have been granted for the area now being platted as
South Oaks 4th Addition. Previous Plat approvals for the subject property have expired and are
null and void. City Code requires submittal of a Final Plat within one year of Preliminary Plat
approval.
• South Oaks of Hastings 1st and 2nd Addition Preliminary Plat - 2001-2003 - City
approved the preliminary plat for the larger South Oaks including 197 units comprising
of 34 single-family homes and 163 townhomes. The area now proposed as South Oaks
4th Addition consisted of 38 (1st addition) and 47 (2nd addition) attached townhome units.
X-C-02 (a-d)
No final plat application for the subject area were submitted and the approvals for
preliminary plat have expired.
• South Oaks of Hastings 4th Addition - 2017 - City approved preliminary and final plat
for subdivision of 30 single family lots. Same area as current subdivision request.
Approvals are null and void due to failure of the developer to record the plat within the
one-year sunset clause requirement that expired in February, 2018.
• South Oaks of Hastings 4th Addition - 2021 – City approved the preliminary and final
plat for subdivision of 33 single family lots. Same area as current subdivision request.
Planning Commission recommended denial based upon incomplete plans, safety concerns
due to number of homes and driveways, number of homes, and narrowing of right-of-way
and street. Approvals are null and void due to failure of the developer to record the plat
within the one-year sunset clause requirement that expired in May 2022.
Notification
Notification of the request was published and mailed to all property owners within 350 feet. Staff
has not received any comments at this time.
Comprehensive Plan Classification
The 2040 Comprehensive Plan designates the property as Medium Density Residential. The
proposed density is consistent with the plan.
Zoning Classification
The property is zoned R-3, PRD. The R-3 designation allows Medium-High Density Residential
development. The PRD or Planned Residential Development designation allows for flexibility of
development to achieve variety of housing types and densities, sensitivity to unique and valuable
natural characteristics, efficiency of recreation/ infrastructure, and the transfer of density from
one area of the PRD to another. The original plan for South Oaks has changed since inception
due to the changing housing market over the past 20-years, while small sections are individually
developed.
Adjacent Zoning and Land Use
Direction Property Use Zoning Comp Plan
North Single family homes R-2 Medium Density
East Townhomes R-3 PRD Medium Density
South Single family homes R-3 PRD Medium Density
West Single family homes R-3 PRD Medium Density
Existing Condition
The subject property is vacant land but has had some general site grading.
X-C-02 (a-d)
PRELIMINARY & FINAL PLAT REVIEW
Authority
Hastings City Code Chapter 154 – Subdivisions- establishes rules and procedures for platting
land.
Difference Between Preliminary Plat and Final Plat
Preliminary Plat approval includes the plan for future subdivision of the entire development
including a review of lots, streets, grading, stormwater, utilities, public land dedication, and
landscaping. Final Plat approval is the formal subdivision of all or a portion of a Preliminary
Plat into lots of record for home construction. The Preliminary Plat establishes the plan for
development, while the Final Plat formally puts the plan into effect.
Planned Residential Development - PRD
South Oaks was approved as a PRD in 2002 which included development of 47 townhome
units in the area now proposed for South Oaks 4th Addition. PRD allows for flexibility from
standard zoning requirements (such as minimum setback and lot size requirements) in
exchange design innovations. PRD zoning allows for lot size flexibility.
Street Layout
Street layout is unchanged from previous approvals. Flagstone Drive is proposed between South
Oaks Drive and 31st Street, connecting existing street stubs in both locations. Alderwood Drive
would intersect South Oaks Drive at an existing curb cut.
All streets would be public and platted at a 50-foot right-of-way (ROW) width and 30-foot street
section, narrower than the standard 60-foot ROW width and 32-foot street section that is typical.
The proposed width was approved as part of an earlier phase of the South Oaks Development
and matches the existing ROW stub inlets. The proposed ROW would not allow for sidewalks,
and limit space for underground public and private utilities, and boulevard snow storage. The
street width would allow for parking of vehicles on both sides of the street and ingress and egress
for emergency vehicles.
Lot Layout
The current plat contains 35 single family lots, two more than the 2021 approval. Lot sizes range
from 4,500 s.f. to 7,100 s.f. with an average lot size of 5,286 s.f. The R-3 Zoning District
establishes a minimum lot size of 5,000 s.f. Approximately half of the lots are below 5,000 s.f.
The PRD approved for South Oaks Development allows for flexibility in lot sizes. The proposed
lot widths limit home designs to frontal elevations containing a protruding garage with the main
home located behind the garage. Plats with smaller lots typically contain common open space
managed by a singular entity (typically a homeowner’s association). Within South Oaks 4,
maintenance of individual lots would be the responsibility of individual property owners.
X-C-02 (a-d)
Outlets
Outlots A, B, and C are proposed at the northwest corner of the plat similar to past approvals.
The developer proposes to transfer these outlots to adjoining properties to the north to create
larger rear lot areas. Outlot D would contain a stormwater maintenance pond that would be
transferred to the City.
Parking
The incorporation of smaller lot widths will reduce the availability of on street parking areas.
Spaces between driveways will become smaller. Driveways for most homes will be able to
accommodate two vehicles in front of the garage. Although parking meets the minimum zoning
requirements, overflow parking along public streets within the subdivision will be limited due
the number of driveway curb-cuts and spaces between them.
Setbacks
The following setbacks apply for new homes within the subdivision:
Setback Distance
Front 20’
Side 7’
Corner Side 10’
Rear 20’
Sewer Interceptor Fee
The applicant shall pay $16,975 ($485 x 35 lots) in sewer interceptor fees, prior to signature of the
final plat mylars.
Park Dedication
On March 29, 2016 the Park and Recreation Commission recommended payment of cash in lieu
of land to satisfy park dedication. The applicant shall pay $77,000 ($2,200 x 35 lots) in park
dedication fees, prior to signature of the final plat mylars.
Landscaping
At the time of construction, landscaping for single-family lots must include the following:
• One boulevard tree must be planted within the right-of-way.
• One front yard tree must be planted in the front yard.
There are existing mature evergreen trees located along the northeastern boundary that were
planted as a buffer during development of the adjacent South Oaks 2nd Addition. These trees will
likely be impacted by grading and must be replaced or relocated in the same general area.
Relocation onto the adjacent South Oaks 2nd Addition property is acceptable upon written
agreement with the owners of the adjacent property.
Traffic
This housing development was considered in the development of the area street layout. In
addition, the proposed density is lower than was originally planned as townhomes.
X-C-02 (a-d)
Grading and Drainage Review
The stormwater management plan has been reviewed and approved by the City’s Engineering
Department. The proposed improvements meet the minimum requirements of the storm water
ordinance. One comment/concern that has been identified by Barr was the depth of the
infiltration basin proposed for the development. That depth is proposed at 4’ and exceeds the
depth of basin that Barr is comfortable with to establish and maintain vegetation. This may
become a maintenance nuisance on the City Outlot in the future. To that end, we recommend an
extended warranty on the infiltration basin to ensure its long-term establishment and
functionality up to 3 years from the date of acceptance. Review will continue on construction
level detail. A condition to meet requirements of the Civil Engineering review has been added as
a condition of approval.
Recommendation
Approval of the Preliminary and Final Plat is recommended subject to the following conditions:
1) Final approval of all Civil Plans including Grading, Drainage and Erosion Control Plans,
and Utility Plans by the Public Works Director.
2) Ownership of Outlot D must be transferred to the City of Hastings for stormwater
management.
3) Execution of a Development Agreement to memorialize conditions of approval and to
establish applicable escrow amounts to ensure completion of public improvements.
4) Execution of a stormwater access and maintenance agreement between the City and
property owner prior to recording of the final plat.
5) All disturbed areas on the property shall be stabilized with rooting vegetative cover to
eliminate erosion control problems.
6) Submission of certification of taxes paid in full for the property prior to release of the
final plat mylars for recording.
7) Payment of $77,000 ($2,200 x 35 lots) to satisfy park dedication requirements prior to
release of the final plat mylars for recording.
8) Payment of $16,975 ($485 x 35 lots) in sewer interceptor fees prior to release of the final
plat mylars for recording.
9) Individual mailboxes for each home are not permitted. Mailboxes must be grouped into
clusters.
X-C-02 (a-d)
10) Developer shall plant "boulevard" trees of at least 1.5 caliper inches according to the
submitted tree plan. An escrow is required for any unplanted trees before a
certificate of occupancy is issued.
11) One “front yard” tree of at least 1.5 caliper inches must be planted by the builder or
developer on every platted lot. An escrow is required for any unplanted trees before
a certificate of occupancy is issued.
12) Relocate or replace existing trees located on Block 3 that are impacted by grading. The
tree locations should create a buffer between the proposed 4th Addition and 2nd Addition.
Relocation onto the adjacent South Oaks 2nd Addition property is acceptable upon written
agreement with the owners of the adjacent property.
13) Outlots A, B, and C must be combined with the respective abutting properties to the north
so as not to remain remnant parcels.
14) Any uncompleted site work (including landscaping) must be escrowed for prior to
issuance of a certificate of occupancy.
15) Approval is subject to a one-year Sunset Clause; the plat must be recorded with Dakota
County within one year of City Council approval or approval is null and void.
Attachments
• Location Map
• Aerial Photograph
• Preliminary Plat
• Final Plat
• Civil Plans
• Application
X-C-02 (a-d)
Location
X-C-02 (a-d)
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2999 WEST C.R. 42, SUITE 100, BURNSVILLE, MN 55306
PHONE: 952.890.6044 www.jrhinc.com
PLANNERS / ENGINEERS / SURVEYORS
SOUTH OA.S OF HASTINGS 4TH ADDITION
HASTINGS, MINNESOTA
PRELIMINARY PLAT
FOR
GREG -. HOMES
3475 VERMILLION ST., SUITE 102, HASTINGS, MN 55033
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KNOW ALL PERSONS BY THESE PRESENTS: That Gregory A. Jablonske and Susan M. Jablonske, husband andwife, owners of the following described property:That part of Outlot A, South Oaks of Hastings 2nd Addition, except that part platted as South Oaks of Hastings3rd Addition, according to the recorded plat thereof, Dakota County, Minnesota.Have caused the same to be surveyed and platted as SOUTH OAKS OF HASTINGS 4TH ADDITION and doeshereby dedicate to the public for public use the public ways and the drainage and utility easements ascreated on this plat.In witness whereof said Gregory A. Jablonske and Susan M. Jablonske, husband and wife, have hereunto settheir hands this day of , 20 .By: By: Gregory A. JablonskeSusan M. JablonskeSTATE OF COUNTY OF This instrument was acknowledged before me on day of , 20, byGregory A. Jablonske and Susan M. Jablonske, husband and wife. County, Printed NameMy commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; thatI am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of theboundary survey; that all mathematical data and labels are correctly designated on this plat; that allmonuments depicted on this plat have been, or will be correctly set within one year; that all waterboundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of thiscertificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this day of , 20______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of ,20 , by Marcus F. Hampton. County, MinnesotaPrinted NameMy commission expires January 31,HASTINGS PLANNING COMMISSIONApproved by the Planning Commission of the City of Hastings, Minnesota, this day of, 20By: By: Chair SecretaryCITY COUNCIL, CITY OF HASTINGS, MINNESOTAThis plat of SOUTH OAKS OF HASTINGS 4TH ADDITION was approved and accepted by the City Council of theCity of Hastings, Minnesota at a regular meeting thereof held this day of ,20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.By: Mayor ClerkDAKOTA COUNTY SURVEYORI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has beenreviewed and approved this day of , 20 .By: Dakota County SurveyorDAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDSPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the landhereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are nodelinquent taxes and transfer entered this day of , 20 .By: Director Department Of Property Taxation and RecordsREGISTRAR OF TITLES , COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of SOUTH OAKS OF HASTINGS 4TH ADDITION was filed in the office of theRegistrar of Titles for public record on this day of , 20 , at o'clock . M.and was duly filed in Book of Plats, Page , asDocument Number . DeputyRegistrar of TitlesBEARINGS AR
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X-C-02 (a-d)
X-C-02 (a-d)
X-C-02 (a-d)
X-C-02 (a-d)
DO NOT HEAVILY PRUNE THE TREE AT PLANTING.
PRUNE ONLY CROSSOVER LIMBS, CO-DOMINANT
LEADERS, AND BROKEN OR DEAD BRANCHES. SOME
INTERIOR TWIGS AND LATERAL BRANCHES MAY BE
PRUNED; HOWEVER, DO NOT REMOVE THE TERMINAL
BUDS OF BRANCHES THAT EXTEND TO THE EDGE OF
THE CROWN.
FIELD STAKE TREES FOR THE APPROVAL OF THE
LANDSCAPE ARCHITECT
WRAP TREE TRUNKS BY NOV.15TH AND
REMOVE BY JUNE 1ST.
MARK THE NORTH SIDE OF THE TREE IN THE
NURSERY, AND ROTATE TREE TO FACE
NORTH AT THE SITE WHEN EVER POSSIBLE.
SET TOP OF ROOT BALL FLUSH TO
GRADE OR 1-2 IN. HIGHER IN SLOWLY
DRAINING SOILS.
EACH TREE MUST BE PLANTED SUCH THAT THE
TRUNK FLARE IS VISIBLE AT THE TOP OF THE ROOT
BALL. TREES WHERE THE TRUNK FLARE IS NOT
VISIBLE SHALL BE REJECTED. DO NOT COVER THE
TOP OF THE ROOT BALL WITH SOIL.
4 IN. HIGH EARTH SAUCER BEYOND EDGE OF
ROOT BALL.
REMOVE ALL TWINE, ROPE AND WIRE, AND BURLAP
FROM TOP HALF OF ROOT BALL
IF PLANT IS SHIPPED WITH A WIRE BASKET AROUND THE ROOT BALL,
CUT THE WIRE BASKET IN FOUR PLACES AND FOLD DOWN 8 IN. INTO
PLANTING HOLE.
PLACE ROOT BALL ON UNEXCAVATED OR TAMPED SOIL.
NOTE: FOR DIMENSIONS OF PLANTING AREAS SEE
PLAN, SOIL BACKFILL SHALL BE GARDEN BLEND
SOIL ( EQUAL MIX OF COMPOST, SAND & SOIL ) PER
NOTES.TAMP SOIL AROUND ROOT BALL BASE FIRMLY WITH FOOT
PRESSURE SO THAT ROOT BALL DOES NOT SHIFT.
WOOD MULCH. DO NOT PLACE MULCH IN
CONTACT WITH TREE TRUNK. MAINTAIN
THE MULCH WEED-FREE FOR AFTER
PLANTING.
MULCH RING 6 FT. DIAM. MIN. 8FT. DIAM.
PREFERRED
NOTES:
TOMAHAWK TREE STABILIZER STAKES.
MINIMUM (2) PER TREE.
X-C-02 (a-d)
X-C-02 (a-d)
X-C-02 (a-d)
DEVELOPMENT AGREEMENT
FOR THE PLAT OF
SOUTH OAKS OF HASTINGS 4th ADDITION
BY AND BETWEEN
THE CITY OF HASTINGS
AND
GREGORY A. JABLONSKE AND SUSAN M. JABLONSKE
AND
GREG J. HOMES OF HASTINGS, INC.
X-C-02 (a-d)
2
THIS DEVELOPMENT AGREEMENT is made and entered into on the day of
, 2023, by and between the City of Hastings, a Minnesota municipal corporation
(“CITY”), Gregory A Jablonske and Susan M. Jablonske, husband and wife (“OWNER”), and Greg
J. Homes of Hastings, Inc., a Minnesota corporation (“DEVELOPER”).
RECITALS:
WHEREAS, the OWNER is the fee simple OWNER of the DEVELOPMENT PROPERTY;
and
WHEREAS, in pursuant of the DEVELOPMENT PROJECT, the DEVELOPER has applied
to the CITY for approval of the DEVELOPMENT PLANS and OWNER has applied for approval of
the FINAL PLAT for South Oaks of Hastings 4th Addition (“DEVELOPMENT PROJECT”); and
WHEREAS, in conjunction with the granting of these approvals, the CITY requires the
installation and/or availability of public utilities, public streets, storm sewer pipes, ponds, and other
facilities; and
WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429,
and 462, the COUNCIL approved the FINAL PLAT and DEVELOPMENT PLANS on the following
conditions:
1. That the DEVELOPER enters into this DEVELOPMENT AGREEMENT, which contract
defines the work which the DEVELOPER undertakes to complete; and
2. The DEVELOPER shall provide an irrevocable letter of credit and cash deposits in the
amounts and with conditions set forth herein, providing for assurance of payment for the
actual construction and installation of the improvements in the DEVELOPMENT PLANS, as
specified and required by the CITY.
WHEREAS, the DEVELOPMENT PLANS were prepared by a registered professional
engineer and have been submitted to and approved by the CITY ENGINEER.
NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT
AGREEMENT and in reliance upon the representations, warranties and covenants of the parties
herein contained, the CITY and DEVELOPER agree as follows:
ARTICLE 1
DEFINITIONS
1.1. TERMS. The following terms, unless elsewhere defined specifically in the
DEVELOPMENT AGREEMENT, shall have the following meanings as set forth below.
1.2. BUILDER. “BUILDER” means an entity that will be constructing a residence on a
lot in the FINAL PLAT.
X-C-02 (a-d)
3
1.3. CITY. “CITY” means the City of Hastings, a Minnesota municipal corporation.
1.4. CITY ENGINEER. “CITY ENGINEER” means the City Engineer of the City of
Hastings or delegatees.
1.5. CITY WARRANTIES. “CITY WARRANTIES” means all CITY WARRANTIES
identified in Article 12 of this DEVELOPMENT AGREEMENT.
1.6. COUNCIL. “COUNCIL” means the Council of the City of Hastings.
1.7. COUNTY. “COUNTY” means Dakota County, Minnesota.
1.8. DEVELOPER. “DEVELOPER” means Greg J. Homes of Hastings, Inc., a
Minnesota corporation.
1.9. DEVELOPER DEFAULT. “DEVELOPER DEFAULT” means and includes,
jointly and severally, any of the following or any combination thereof:
a) failure by the DEVELOPER to timely pay the CITY any money required to
be paid under the DEVELOPMENT AGREEMENT;
b) failure by the DEVELOPER to timely construct the DEVELOPER
IMPROVEMENTS according to the DEVELOPMENT PLANS and the
CITY standards and specifications;
c) failure by the DEVELOPER to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
DEVELOPMENT AGREEMENT;
d) breach of the DEVELOPER WARRANTIES.
1.10. DEVELOPER IMPROVEMENTS. “DEVELOPER IMPROVEMENTS” means
and includes, individually and collectively, all the improvements identified in Article 4.
1.11. DEVELOPER WARRANTIES. “DEVELOPER WARRANTIES” means all
DEVELOPER WARRANTIES identified in Article 10 of this DEVELOPMENT AGREEMENT.
1.12. DEVELOPMENT AGREEMENT. “DEVELOPMENT AGREEMENT” means
this agreement by and among the CITY, OWNER and DEVELOPER.
1.13. DEVELOPMENT PLANS. “DEVELOPMENT PLANS” means all the plans,
drawings, specifications, and surveys dated July 25, 2023 and prepared by J. R. Hill, Inc. as updated
and approved by the City Engineer, hereby incorporated by reference and made a part of this
DEVELOPMENT AGREEMENT.
X-C-02 (a-d)
4
1.14. DEVELOPMENT PROJECT. “DEVELOPMENT PROJECT” means a residential
development to be known as South Oaks of Hastings 4th Addition that will be constructed on the
DEVELOPMENT PROPERTY that is substantially in conformance with the FINAL PLAT.
1.15. DEVELOPMENT PROPERTY. “DEVELOPMENT PROPERTY” means that real
property legally described on Exhibit A, attached hereto, upon which the DEVELOPMENT
PROJECT will be constructed.
1.16. FINAL PLAT. “FINAL PLAT” means the FINAL PLAT, approved by the
COUNCIL, attached hereto as Exhibit B.
1.17. FORCE MAJEURE. “FORCE MAJEURE” means acts of God, including, but not
limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not
including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war
or civil disorder affecting the performance of work, blockades, power or other utility failures, fires,
explosions, or pandemics causing shortages of labor or materials or other such matters beyond the
reasonable control of DEVELOPER.
1.18. FORMAL NOTICE. “FORMAL NOTICE” means notices given by one party to
the other if in writing and if and when delivered or tendered either in person or by depositing it in the
United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and
postal charges prepaid, addressed as follows:
If to CITY: City of Hastings
Attention: City Administrator
101 4th Street East
Hastings, MN 55033
If to OWNER: Greg and Susan Jablonske
or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of service
if served personally on the party to whom notice is to be given, or on the third day after mailing if
mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed
given if and when actually received by a party.
1.19. INDIRECT COSTS. “INDIRECT COSTS” means the costs related to:
a) Finance, administration and legal costs; and
b) Engineering services performed by CITY Staff; and
c) Testing and Right of Way services; and
X-C-02 (a-d)
5
d) Consulting engineering services.
1.20. OTHER REGULATORY AGENCIES. “OTHER REGULATORY AGENCIES”
means and includes, individually and collectively, any regulatory or governmental agency or entity
affected by or having jurisdiction over the DEVELOPER IMPROVEMENTS.
1.21. OWNER. “OWNER” means Gregory A. Jablonske and Susan M. Jablonske,
husband and wife.
1.22. OWNER DEFAULT. “OWNER DEFAULT” means and includes, jointly and
severally, any of the following or any combination thereof:
a) failure by the OWNER to timely pay the CITY any levied assessments required to be
paid under the DEVELOPMENT AGREEMENT;
b) failure by the OWNER to observe or perform any covenant, condition, obligation or
agreement on its part to be observed or performed under this DEVELOPMENT
AGREEMENT;
c) breach of the OWNER WARRANTIES.
1.1. OWNER WARRANTIES. “OWNER WARRANTIES” means that the OWNER
hereby warrants and represents the following:
a) AUTHORITY. OWNER is the fee simple OWNER of DEVELOPMENT
PROPERTY and has the right, power, legal capacity and authority to enter into and
perform its obligations under this DEVELOPMENT AGREEMENT, and no
approvals or consents of any persons are necessary in connection with the authority
of OWNER to enter into and perform its obligations under this DEVELOPMENT
AGREEMENT.
b) NO DEFAULT. OWNER is not in default under any lease, contract or agreement to
which it is a party or by which it is bound which would affect performance under this
DEVELOPMENT AGREEMENT. OWNER is not a party to or bound by any
mortgage, lien, lease, agreement, instrument, order, judgment or decree which would
prohibit the execution or performance of this DEVELOPMENT AGREEMENT by
OWNER or prohibit any of the transactions provided for in this DEVELOPMENT
AGREEMENT.
c) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or
other proceeding or governmental investigation pending, or threatened against or
affecting OWNER.
d) FULL DISCLOSURE. None of the representatives and warranties made by
OWNER or made in any exhibit hereto or memorandum or writing furnished or to be
X-C-02 (a-d)
6
furnished by OWNER or on its behalf contains or will contain any untrue statement
of material fact or omit any material fact the omission of which would be misleading.
e) FEE TITLE. OWNER owns fee title to all the land in the FINAL PLAT.
1.23. PRELIMINARY PLAT. “PRELIMINARY PLAT” means the preliminary plat
approved by the COUNCIL.
1.24. SITE IMPROVEMENTS. “SITE IMPROVEMENTS” means and includes,
individually and collectively, all the improvements identified on Exhibit C and in Article 3.
1.25. PUBLIC UTILITIES. “PUBLIC UTILITIES” means and includes sanitary sewer,
water main, storm sewer and storm water improvements. PUBLIC UTILITIES are included in the
definition of SITE IMPROVEMENTS.
1.26. SITE IMPROVEMENTS. “SITE IMPROVEMENTS” means and includes those
improvements identified on Exhibit C.
1.27. UTILITY COMPANIES. “UTILITY COMPANIES” means and includes, jointly
and severally, the following:
a) Utility companies, including electric, gas, cable and telecommunications;
b) Pipeline companies.
ARTICLE 2
FINAL PLAT APPROVAL
2.1. FINAL PLAT APPROVAL. The COUNCIL approved the FINAL PLAT. All
conditions contained in the CITY Council Resolution for the FINAL PLAT shall be considered a
condition of this DEVELOPMENT AGREEMENT.
2.2. RECORDING OF FINAL PLAT. The DEVELOPER shall record the FINAL
PLAT and this DEVELOPMENT AGREEMENT with the COUNTY Recorder. No building permits
shall be issued unless the DEVELOPER shows evidence to the CITY that the FINAL PLAT and this
DEVELOPMENT AGREEMENT have been recorded with the COUNTY Recorder and the CITY
has received the financial obligations required in Article 15.
ARTICLE 3
SITE IMPROVEMENTS
3.1. SITE IMPROVEMENTS. DEVELOPER shall construct and install, at its own cost,
all SITE IMPROVEMENTS identified on Exhibit C in accordance with industry standards for
making public improvements.
X-C-02 (a-d)
7
3.2. DEVELOPMENT CHARGES. The CITY imposes certain development charges
for sewer, stormwater, streets and park dedication for all new developments. Such development
charges are identified on Exhibit C.
ARTICLE 4
DEVELOPER IMPROVEMENTS
4.1. DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own
cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS and
in accordance with the approvals of the COUNCIL, and all ordinances and PRELIMINARY and
FINAL PLAT resolutions of the CITY or any amendments thereto and any Miscellaneous
Requirements on Exhibit D, attached hereto.
4.2. GROUND MATERIAL. The DEVELOPER shall ensure that adequate and suitable
ground material shall exist in the areas of public street and utility improvements and shall guarantee
the removal, replacement or repair of substandard or unstable material through the warranty period.
The cost of said removal, replacement or repair is the responsibility of the DEVELOPER.
4.3. GRADING/DRAINAGE PLAN AND EASEMENTS. The DEVELOPER shall
construct drainage facilities adequate to serve the DEVELOPMENT PROJECT in accordance with
the DEVELOPMENT PLANS. The DEVELOPER agrees to grant to the CITY all necessary outlots
and easements for the preservation and maintenance of the drainage system, for drainage basins and
for utility service and for utility looping. The DEVELOPER and OWNER shall enter into any
stormwater management facilities agreement with the CITY that are deemed reasonably necessary to
fulfill the obligations of this Section for the DEVELOPMENT PROPERTY. The grading and
drainage plan shall include lot and building elevations, drainage swales, storm sewer, catch basins,
erosion control structures and ponding areas necessary to conform to the overall CITY surface water
management plan. The grading of the DEVELOPMENT PROPERTY shall be completed in
conformance with the DEVELOPMENT PLANS, subject only to such design criteria and engineering
design and construction specifications as are used in the DEVELOPMENT PLANS notwithstanding
any amendment or change to CITY standards for development subsequent to approval of the FINAL
PLAT.
DEVELOPER shall dedicate drainage and utility easements as shown on the FINAL PLAT.
Additional utility and drainage easements that may be reasonably required by the CITY may be
granted by an acceptable document as approved by the CITY. Prior to issuance of a Certificate of
Occupancy to a BUILDER for any dwelling unit constructed on a lot within the subdivision, a
Certificate of Compliance by a land surveyor must be submitted to the CITY by the BUILDER
reflecting conformance with the approved grading plan and confirming that the lot corner
monuments are installed.
Building construction and general construction activities are limited to Monday through
Friday between the hours 7:00 AM to 10:00 PM and on Saturday between the hours of 9:00 AM
and 9:00 PM. Site grading/excavation and street and utility construction activities are limited to
Monday through Friday between the hours 7:00 AM and 7:00 PM and on Saturdays by request,
but limited to between the hours of 9:00 AM to dusk.
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4.4. GRADING OF STREETS. The DEVELOPER must grade, in accordance with the
grading plan provided to and approved by the CITY, all public streets, boulevards, driveways and
other public lands, if any, and other lands shown in the approved grading plan. If the DEVELOPER
does not perform the work required by this paragraph, the CITY will complete all work required
of the DEVELOPER. The DEVELOPER will be financially responsible for payments for this
work, which will be assessed as provided in Section 16.2.
4.5. INTERIM BITUMINOUS STREET. The DEVELOPER will construct a
bituminous wedge for the roadways within the FINAL PLAT. The DEVELOPER shall install the
bituminous wear course of streets after the first course (base course) has weathered a winter season,
consistent with warranty requirements, however such wear course shall be installed no later than
October 1, 2025. A bituminous ramping wedge to protect the concrete lip from snowplow damage
shall be installed with the bituminous base course. Prior to paving the bituminous wear course,
the ramping wedge must be milled off. The CITY will thoroughly inspect all curb and gutter for
damage prior to the installation of the bituminous wear course and may require repairs and/or
replacement by DEVELOPER depending on the severity of damage. Final acceptance of the
required improvements by the CITY will not be granted until all work, including final wear course,
is completed.
4.6. STREET MAINTENANCE. DEVELOPER is responsible for all maintenance,
upkeep and repair of all public streets contained within the FINAL PLAT from initiation of
construction through final acceptance by the CITY.
4.7. STREET SWEEPING. The DEVELOPER is responsible for the removal of all
construction debris and earth materials within the public right-of-way typically resulting from new
home construction activities. The CITY will inspect the roadways to ensure the DEVELOPER is
keeping all public roadway surfaces clean. If any portion of a public roadway surface is found in an
unacceptable condition, the CITY will have appropriate equipment dispatched to the site and all costs
associated with the clean-up effort will be billed to the DEVELOPER.
4.8. STREET SIGNS. The DEVELOPER shall be financially responsible for the
installation of street identification signs, and non-mechanical and non-electrical traffic control signs.
Street signs will be in conformance with the names as indicated on the FINAL PLAT and pursuant to
CITY standards. The actual number and location of signs to be installed shall be determined by the
CITY and actual installation shall be performed by CITY authorized personnel. DEVELOPER shall
deposit an escrow identified on Exhibit C to furnish and install all required street and traffic control
signage for the development, provided this cost and escrow will not cover the required Type III
Barricades and Future Street Extension Sign to be installed and removed by the DEVELOPER at
DEVELOPER’S expense.
4.9. SOD. The DEVELOPER agrees that the BUILDER must pay for and install cultured
sod between all adjacent street curbs and between front and rear lot lines throughout each lot in the
entire FINAL PLAT. For a lot where the Certificate of Occupancy is issued between August 1 and
May 1 of the following year, completion of the work described in this paragraph shall be completed
by the BUILDER by June 15; for a lot where the Certificate of Occupancy is issued between May 1
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and July 31, completion of the work described in this paragraph shall be completed by the BUILDER
by September 15.
4.10. BOULEVARD AND AREA RESTORATION. The DEVELOPER shall seed all
boulevards within 30 days of the completion of street related improvements and restore all other areas
disturbed by the development grading operation in accordance with the approved erosion control plan,
over the entire FINAL PLAT. Upon request of the CITY ENGINEER, the DEVELOPER shall
remove the silt fences after grading and construction have occurred.
4.11. LOT CORNER MONUMENTS. The DEVELOPER shall install all subdivision lot
corner monumentation within one year from the date of recording the FINAL PLAT, or the
monumentation shall be installed on a per lot basis at the time the building permit for the subject lot
is issued, whichever occurs first. At the end of the one year period from recording of this
DEVELOPMENT AGREEMENT, the DEVELOPER shall submit to CITY ENGINEER written
verification by a registered land surveyor that the required monuments have been installed throughout
the FINAL PLAT.
4.12. BOULEVARD TREES. The DEVELOPER or BUILDER shall contact the City
Forester for the purposes of staking the location of the boulevard trees to be planted in accordance
with the Boulevard Tree Planting Plan approved as part of the FINAL PLAT. The minimum size of
tree to be planted in the City’s Right-of-Way shall be one and half (1 ½) inch caliper, as measured by
the American Association of Nurserymen. Boulevard Trees are a part of the Landscape Escrow
requirements as detailed in Exhibit C.
4.13. STREET MAINTENANCE, RESTORATION, ACCESS AND REPAIR
DURING CONSTRUCTION. The DEVELOPER or BUILDER shall clear, as necessary, any soil,
earth or debris from the streets and wetlands within or adjacent to the FINAL PLAT resulting from
the grading or building on the land within the FINAL PLAT by the DEVELOPER or its agents or
BUILDER, and shall restore to the CITY’s specifications any gravel base contaminated by mixing
construction or excavation debris, or earth in it, and repair to the CITY’s specifications any damage
to bituminous surfacing resulting from the use of construction equipment. In the event BUILDER
fails to comply with the requirements of this section, the CITY’S default remedies pursuant to Section
14.1 shall apply.
Furthermore, the DEVELOPER shall maintain reasonable access to any occupied buildings
within the FINAL PLAT, including necessary street maintenance such as grading, graveling, patching
and snow removal prior to permanent street surfacing. The DEVELOPER agrees to perform and
assume all responsibilities relating to snow removal and ice control, if the streets have not been
accepted for winter maintenance by the CITY ENGINEER by October 15, or later if approved by the
CITY’s Public Works Director. Completion of the work described in the paragraph shall be completed
within fifteen (15) days after notice by the CITY to the DEVELOPER that repair, or restoration is
required. Saturday working hours for the site grading/street and utility construction should start at
9:00 a.m.
4.14. OCCUPANCY AND ACCESS. No building permit for any lot shall be issued
until the DEVELOPER has constructed a temporary access consisting of a bituminous surface base
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that is acceptable in design by the CITY and the conditions on Exhibit D have been followed.
Special consideration may be given for one model home building permit if approved by the City’s
Building Official and Fire Marshal and only after Class V gravel base and utilities have been
installed and accepted by the City Engineer.
No temporary certificate of occupancy for any lot within the FINAL PLAT shall be issued until the
DEVELOPER has constructed a permanent bituminous roadway and water and sanitary sewer
improvements are available for use and all conditions of Exhibit D have been followed. No permanent
certificate of occupancy for any lot within the FINAL PLAT shall be issued until all water and sanitary
sewer improvements are available for use and the first lift of street pavement has been installed.
Furthermore, the DEVELOPER is responsible for the construction and cost of constructing any
necessary temporary bituminous roadway before the public roadway is constructed and shall maintain
reasonable access to any occupied house or houses, including necessary street maintenance prior to
permanent street improvements that are accepted by the CITY.
4.15. DRIVEWAYS. Upon building a residence on a lot, the BUILDER shall construct a
concrete or bituminous surface driveway for the lot in accordance with CITY approved standards. For
a lot for which a certificate of occupancy is issued between August 1 and May 1 of the following year,
completion of the work described in this paragraph must be completed by June 15; for a lot for which
a certificate of occupancy is issued between May 1 and July 31, completion of the work described in
this paragraph shall be completed by September 15.
4.16. VEGETATION. The DEVELOPER or BUILDER shall comply with CITY
ordinances and policies related to preservation of vegetation and trees and specifically shall exercise
reasonable efforts in residential areas to save mature, non-diseased trees and vegetation on the subject
land which do not have to be removed for reasonable installation of buildings, streets, utilities or
drainage improvements, construction activities related thereto, or site grading. Prior to any
excavation, the DEVELOPER or BUILDER shall require a certified arborist to install tree protection
on all trees that are to be saved and to mark such trees with a red band prior to any excavation. All
diseased trees shall be removed according to CITY ordinance requirements. In the event BUILDER
fails to comply with the requirements of this section, the CITY’S default remedies pursuant to Section
14.1 shall apply.
4.17. LANDSCAPING. The responsibility for landscaping requirements is as follows:
a) The DEVELOPER is responsible for installing all landscaping improvements in
accordance with the CITY’S subdivision regulations, CITY ordinances and approved
landscape plan.
b) The DEVELOPER will be financially responsible for the work outlined in Section
4.17(a), which shall be secured by a Letter of Credit described in Exhibit C.
4.18. EROSION CONTROL. The DEVELOPER shall provide and follow a plan for
erosion control and pond maintenance in accord with the Best Management Practices (BMP) as
delineated in the Minnesota Pollution Control Agency Construction Stormwater General Permit and
a grading permit from the CITY. Such plan shall be detailed on the DEVELOPMENT PLANS and
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shall be subject to approval of the CITY ENGINEER. The DEVELOPER shall install and maintain
such erosion control structures as are necessary under the DEVELOPMENT PLANS or as it becomes
necessary subsequent thereto. The DEVELOPER shall be responsible for all damage caused as the
result of DEVELOPER’s grading and excavation within the FINAL PLAT including, but not limited
to, restoration of existing control structures and clean-up of public right-of-way, until all lots are final
graded and improvements are completed. As a portion of the erosion control plan, the DEVELOPER
shall seed or sod any areas disturbed by DEVELOPER in accordance with the DEVELOPMENT
PLANS. After the site is rough graded, the DEVELOPER must provide erosion control devices that
are reasonably required by the CITY. The parties recognize that time is of the essence in controlling
erosion. If the DEVELOPER does not provide the required erosion control, the CITY may, after a
forty-eight (48) hour notice, take appropriate action to control erosion. Subject to the foregoing
requirement, the CITY may draw upon any posted financial guarantee to pay costs incurred by the
CITY in controlling erosion within the FINAL PLAT, or at the CITY’s option, assess the additional
costs incurred as part of the DEVELOPER IMPROVEMENTS.
4.19. PROHIBITION ON TRANSFER OF RESPONSIBILITY. The DEVELOPER
must not transfer or assign its responsibility to perform the requirements of Street Sweeping, Street
Signs, Street Maintenance, Restoration, Access and Repair, Landscaping, and Erosion Control to any
lot purchaser within the FINAL PLAT. DEVELOPER shall not transfer or assign its responsibility
to perform the requirements of Street Signs to any BUILDER.
4.20. WEED/GRASS MAINTENANCE. DEVELOPER must not allow or permit within
the FINAL PLAT, excluding land deeded to the CITY for public purposes, any weeds, grass, brush,
or other rank vegetation to a height greater than twelve (12) inches, or permit any accumulation of
dead weeds, grass or brush, unless such vegetation has been approved pursuant to a landscape plan
that involves native grasses or plantings. In the event the DEVELOPER fails to comply with this
provision, the CITY may give the DEVELOPER notice to cut or remove material in violation of this
paragraph. All costs of cutting or removing incurred by the CITY must be paid by the DEVELOPER
or assessed against the property that is in violation.
4.21. ESCROW FOR SEAL COATING OR EQUIVALENT PREVENTATIVE
MAINTENANCE PRODUCT. DEVELOPER shall deposit a preventative maintenance product
escrow identified on Exhibit C. Preventative maintenance of the new public streets and newly
resurfaced street sections within the PLAT will be completed by the CITY as part of the annual
street maintenance program.
4.22. SPECIFICATIONS - INSPECTIONS. Unless otherwise stated, all of the
required improvements for the DEVELOPMENT PROJECT shall conform to engineering
standards and specifications as required by the CITY. Such DEVELOPER IMPROVEMENTS
shall be subject to inspection and approval and shall be made in sequence as determined by the
Public Works Department. Plans and specifications for the required improvements shall be
submitted to the Public Works Department in a type and format specified by the Public Works
Department for review and approval. The required improvement plan review fee shall be paid at
that time. DEVELOPER shall retain a testing consultant, approved by the CITY, to complete
necessary third-party testing of all materials, soil compaction and other infrastructure systems as
required by CITY infrastructure specifications, and shall direct that the consultant provide copies
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of all test reports to the CITY at the same time as they are provided to the DEVELOPER. The
DEVELOPER shall provide proof to the CITY prior to the onset of construction activities that it
has a valid contract with said testing consultant. If any utility or other improvements are required
as part of the CITY’S approval process, those improvements shall be inspected by a CITY
designated inspector for compliance with CITY standards and the approved DEVELOPMENT
PLANS. The Public Works Director shall determine the estimated cost of inspection services.
The CITY will pay all improvement inspection costs incurred from escrowed funds deposited with
the CITY by the DEVELOPER in an amount estimated on Exhibit C, but DEVELOPER shall pay
the actual amount determined by the CITY ENGINEER. The CITY will also charge an
administration fee to cover the costs of the CITY’S administrative and consultant fees connected
to the inspection services and related construction oversight efforts. Excess funds will be returned
to the DEVELOPER upon completion and acceptance of the DEVELOPMENT PROJECT. If
escrowed funds deposited with the CITY are insufficient to cover the inspection costs, the
DEVELOPER shall deposit additional funds to cover the estimated overage. Upon completion of
the required public improvements the Developer’s engineer of record shall send as-built grading
and utility drawings certifying their compliance to the CITY’S engineering standards and
specifications and with those costs paid by DEVELOPER.
ARTICLE 5
PARK CONTRIBUTION REQUIREMENTS
5.1. PARK DEDICATION. The DEVELOPER shall comply with the park dedication
requirements as defined in the City Code. Park dedication fees identified in Exhibit C must be paid
prior to the release of the FINAL PLAT.
ARTICLE 6
PERMITS, LICENSES AND OTHER APPROVALS
6.1. PERMITS. The DEVELOPER shall obtain all necessary approvals, permits and
licenses from the CITY, the OTHER REGULATORY AGENCIES and the UTILITY COMPANIES,
as identified on Exhibit E, attached hereto. Major design requirements of any such entities shall be
determined prior to completion and incorporated into the DEVELOPMENT PLANS. All costs
incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any
OTHER REGULATORY AGENCIES due to the failure of the DEVELOPER to obtain or comply
with conditions of such approvals, permits and licenses, shall be paid by the DEVELOPER. The
DEVELOPER shall defend and hold the CITY harmless from any action initiated by the OTHER
REGULATORY AGENCIES and the UTILITY COMPANIES resulting from such failures of the
DEVELOPER.
ARTICLE 7
OTHER DEVELOPMENT REQUIREMENTS
7.1. MISCELLANEOUS REQUIREMENTS. Any additional requirements for
approval of the FINAL PLAT and DEVELOPMENT PLANS as specified by the COUNCIL prior to
the date hereof are incorporated herein and identified on Exhibit D.
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7.2. CONVEYANCE OF OUTLOTS. DEVELOPER shall convey Outlots A, B and C
to the adjacent property owners of South Oaks of Hastings 2nd Addition, and submit appropriate
documentation to Dakota County to combine the outlots with the parent parcel, as provided on Exhibit
D.
ARTICLE 8
PUBLIC UTILITIES
8.1. PUBLIC UTILITIES. DEVELOPER shall install sanitary sewer, water main, storm
sewer and storm water improvements by August 1, 2024, subject to extension(s) due to weather and
seasonal conditions. DEVELOPER may request an extension of this deadline in writing from the City
Engineer for other reasons, which extensions shall be granted in the CITY’S reasonable discretion. If
granted, the performance deadline extension shall be conditioned upon (a) updating the security
posted by DEVELOPER to reflect any cost increases and (b) unless waived in writing by both the
DEVELOPER and the CITY, amending this AGREEMENT to reflect the extended performance
completion date. Any such extension may also be conditioned upon certain technical accommodations
that may be required by the CITY to allow serviceability of the development infrastructure beyond a
single construction season should any public infrastructure facilities not be fully completed before
winter conditions ensue.
ARTICLE 9
RESPONSIBILITY FOR COSTS
9.1. DEVELOPER AND SITE IMPROVEMENT COSTS. Except as otherwise
provided herein, the DEVELOPER shall pay for the DEVELOPER IMPROVEMENTS and SITE
IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or
materials, or insurance premiums or equipment or supplies and all just claims for the same; and the
CITY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on
account thereof, whether or not the CITY shall have approved the contract or subcontract. Such site
improvements are identified on Exhibit C.
The DEVELOPER is responsible for contracting and paying for the street and utility testing costs.
The CITY’s designated inspector on the DEVELOPMENT PROJECT will coordinate the street and
utility testing activities. All testing reports shall be sent to the CITY with a copy to the DEVELOPER.
If deductions are owed on the street and utility construction pursuant to the MNDOT standards for
construction, then these deductions will be paid by DEVELOPER to CITY within thirty (30) days
after DEVELOPER receives notices of such deductions.
9.2. MISCELLANEOUS CHARGES. The DEVELOPER shall reimburse the CITY for
all miscellaneous costs and charges reasonably incurred or to be incurred by the CITY in connection
with this DEVELOPMENT AGREEMENT, including administrative and consultant fees.
X-C-02 (a-d)
14
9.3. ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs
incurred in the enforcement of this DEVELOPMENT AGREEMENT, including engineering costs
and reasonable attorneys’ fees.
9.4. TIME OF PAYMENT. DEVELOPER shall pay all bills from the CITY within
thirty (30) days after billing. Bills not paid within thirty (30) days shall bear interest at the rate of
eight percent (8%) per year.
ARTICLE 10
DEVELOPER WARRANTIES
10.1. STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby
warrants and represents the following:
a) AUTHORITY. DEVELOPER is the fee title owner of the DEVELOPMENT
PROPERTY in the FINAL PLAT and has the right, power, legal capacity and
authority to enter into and perform its obligations under this DEVELOPMENT
AGREEMENT, and no approvals or consents of any persons are necessary in
connection with the authority of DEVELOPER to enter into and perform its
obligations under this DEVELOPMENT AGREEMENT.
b) NO DEFAULT. DEVELOPER is not in default under any lease, contract or
agreement to which it is a party or by which it is bound which would affect
performance under this DEVELOPMENT AGREEMENT. DEVELOPER is not a
party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment
or decree which would prohibit the execution or performance of this
DEVELOPMENT AGREEMENT by DEVELOPER or prohibit any of the
transactions provided for in this DEVELOPMENT AGREEMENT.
c) PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and
is not in violation of applicable federal, state or local statutes, laws, and regulations
including, without limitation, permits and licenses and any applicable zoning,
environmental or other law, ordinance or regulation affecting the FINAL PLAT and
the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and
DEVELOPER is not aware of any pending or threatened claim of any such violation.
d) CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with
all applicable federal, state and local statutes, laws and regulations including, without
limitation, permits and licenses and any applicable zoning, environmental or other
law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT
PLANS and the DEVELOPER IMPROVEMENTS.
e) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or
other proceeding or governmental investigation pending, or to DEVELOPER’S
knowledge threatened against or affecting DEVELOPER or the FINAL PLAT or the
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15
DEVELOPMENT PLANS or the DEVELOPER IMPROVEMENTS. DEVELOPER
is not in default with respect to any order, writ, injunction or decree of any federal,
state, local or foreign court, department, agency or instrumentality.
f) FULL DISCLOSURE. None of the representatives and warranties made by
DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or
to be furnished by DEVELOPER or on its behalf intentionally contains or will contain
any untrue statement of material fact or intentionally omit any material fact the
omission of which would be misleading. Any unintentional untrue statements or
omissions shall be corrected or cured within thirty (30) days after the DEVELOPER
receives FORMAL NOTICE or obtains knowledge of such error, unless an extension
is granted by the CITY.
g) PLAT COMPLIANCE. The FINAL PLAT and the DEVELOPMENT PLANS
comply with all CITY, COUNTY, metropolitan, state and federal laws and
regulations, including but not limited to, subdivision ordinances, zoning ordinances
and environmental regulations.
h) WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER
warrants all work required to be performed by it under this DEVELOPMENT
AGREEMENT against defective material and faulty workmanship for a period of one
(1) year after its completion and acceptance by the CITY, except for the infiltration
basin improvements as described below. The DEVELOPER shall be solely
responsible for all costs of performing repair work required by the CITY within thirty
(30) days of notification. All trees, grass, and sod shall be warranted to be alive, of
good quality, and disease free for one (1) year after planting. Any replacements shall
be similarly warranted for one (1) year from the time of planting. The warranty period
for the infiltration basin improvements on Outlot D shall be for three (3) years after
conveyance of Outlot D to the CITY; the warranty for the infiltration basin
improvements shall also include the obligation of the DEVELOPER to repair and
correct any damage to or deficiency with respect to such improvements on Outlot D.
i) OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and
pay for all required permits, licenses and approvals, and shall meet, in a timely
manner, all requirements of all applicable, local, state and federal laws and regulations
which must be obtained or met before the DEVELOPER IMPROVEMENTS may be
lawfully constructed. A list of the CITY permits, licenses, and approvals required is
identified on Exhibit E.
ARTICLE 11
OWNER WARRANTIES
11.1. STATEMENT OF OWNER WARRANTIES. The OWNER hereby makes and
states the OWNER WARRANTIES.
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ARTICLE 12
CITY WARRANTIES
12.1. STATEMENT OF CITY WARRANTIES. The CITY hereby warrants and
represents as follows:
a) ORGANIZATION. CITY is a municipal corporation duly incorporated and validly
existing in good standing the laws of the State of Minnesota.
b) AUTHORITY. CITY has the right, power, legal capacity and authority to enter into
and perform its obligations under this DEVELOPMENT AGREEMENT.
ARTICLE 13
INDEMNIFICATION OF CITY
13.1. INDEMNIFICATION OF CITY. Provided the CITY is not in DEFAULT under
this DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim, loss or
damage, DEVELOPER shall indemnify, defend and hold the CITY, its COUNCIL, agents,
employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties and reasonable attorneys’ fees, that the CITY
incurs of suffers, which arise out of, result from or relate to:
a) breach by the DEVELOPER of the DEVELOPER WARRANTIES;
b) failure of the DEVELOPER to timely construct the DEVELOPER
IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY
ordinances, standards and specifications;
c) failure by the DEVELOPER to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
DEVELOPMENT AGREEMENT;
d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or
materialmen;
e) failure by the DEVELOPER to pay for materials;
f) approval by the CITY of the FINAL PLAT;
g) approval by the CITY of the DEVELOPMENT PLANS;
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17
h) failure to obtain the necessary permits and authorizations to construct the
DEVELOPER IMPROVEMENTS;
i) construction of the DEVELOPER IMPROVEMENTS;
j) delays in construction of the DEVELOPER IMPROVEMENTS;
k) payment by DEVELOPER for any required costs or assessments;
l) all costs and liabilities arising because building permits were issued prior to the
completion and acceptance of the DEVELOPER IMPROVEMENTS.
13.2. NOTICE. Within a reasonable period of time after the CITY’s receipt of actual notice
of any matter giving rise to a right of payment against the CITY pursuant to Section 13.1, the CITY
shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER and/or OWNER. The
DEVELOPER and/or OWNER shall not be obligated to make any payment to the CITY for any such
claim until the passage of thirty (30) days from the date of its receipt of FORMAL NOTICE from the
CITY, during which time the DEVELOPER and/or OWNER shall have the right to cure or remedy
the event leading to such claim.
13.3. DEFENSE OF CLAIM. Provided the CITY is not in DEFAULT under the
DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim or demand,
with respect to claims or demands asserted against the CITY by a third party of the nature covered by
Section 13.1, and provided that the CITY gives FORMAL NOTICE thereof and the DEVELOPER
and/or OWNER fails to cure or remedy the event leading to such claim within the required thirty (30)
day period, the DEVELOPER will, at its sole expense, provide for the defense thereof with counsel
of its own selection but approved by the CITY; the DEVELOPER and/or OWNER will pay all costs
and expenses including reasonable attorneys’ fees incurred in so defending against such claims,
provided that the CITY shall at all times also have the right to fully participate in the defense at the
CITY’S expense. If the DEVELOPER and/or OWNER fails to defend, the CITY shall have the right,
but not the obligation, to undertake the defense of, and to compromise or settle the claim or other
matter, for the account of and at the risk of the DEVELOPER and/or OWNER.
13.4. INDEMNIFICATION OF CITY BY OWNER. Provided the CITY is not in
DEFAULT under the DEVELOPMENT AGREEMENT with respect to the particular matter causing
the claim, loss or damage, OWNER shall indemnify, defend and hold the CITY, its COUNCIL,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties and attorneys’ fees, that the CITY incurs of
suffers, which arise out of, result from or relate to breach by the OWNER of the OWNER
WARRANTIES.
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ARTICLE 14
CITY REMEDIES UPON DEVELOPER DEFAULT
14.1. CITY REMEDIES. If a DEVELOPER or OWNER DEFAULT occurs, that is not
caused by FORCE MAJEURE, the CITY shall give the DEVELOPER and OWNER FORMAL
NOTICE of the DEFAULT and the DEVELOPER and/or OWNER shall have thirty (30) days to cure
the DEFAULT. If the DEVELOPER and/or OWNER, after FORMAL NOTICE to it by the CITY,
does not cure the DEFAULT, then the CITY may avail itself of any remedy afforded by law and any
of the following remedies:
a) the CITY may specifically enforce this DEVELOPMENT AGREEMENT;
b) the CITY may suspend any work, improvement or obligation to be performed by the
CITY;
c) the CITY may collect on the irrevocable letter of credit (“LOC”), or cash deposit
pursuant to Article 15 hereof;
d) the CITY may suspend or deny building and occupancy permits for buildings within
the FINAL PLAT;
e) the CITY may, at its sole option, perform the work or improvements to be performed
by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days
after written billing by the CITY reimburse the CITY for any costs and expenses
reasonably incurred by the CITY. In the alternative, the CITY may in whole or in
part, specially assess any of the costs and expenses reasonably incurred by the CITY;
and the DEVELOPER hereby waives any and all procedural and substantive
objections to the installation and construction of the work and improvements and the
special assessment resulting therefrom, including, but not limited to, notice and
hearing requirement and any claim that the special assessments exceed benefit to the
FINAL PLAT. The DEVELOPER hereby waives any appeal rights otherwise
available pursuant to Minn. Stat. § 429.081.
14.2. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any
agreement contained in this DEVELOPMENT AGREEMENT is breached by the DEVELOPER or
OWNER and thereafter waived in writing by the CITY, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent
breach hereunder. All waivers by the CITY must be in writing.
14.3. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the
CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy
shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT
AGREEMENT or now or hereafter existing at law or in equity or by statute. No delay or omission
to exercise any right or power accruing upon any default shall impair any such right or power or shall
be construed to be a waiver thereof, but any such right and power may be exercised from time to time
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and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy
reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE.
14.4. EMERGENCY. Notwithstanding the requirement contained in Section 14.1 hereof
relating to FORMAL NOTICE to the DEVELOPER and OWNER in case of a DEFAULT and
notwithstanding the requirement contained in Section 14.1 hereof relating to giving the DEVELOPER
and/or OWNER a right to cure the DEFAULT, in the event of an emergency as determined by the
CITY ENGINEER, resulting from the DEFAULT, the CITY may perform the work or improvement
to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the
DEVELOPER and without giving the DEVELOPER the right to cure the DEFAULT. In such case,
the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY
for any and all costs reasonably incurred by the CITY. In the alternative, the CITY may, in whole or
in part, specially assess the costs and expenses reasonably incurred by the CITY; and the
DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the
installation and construction of the work and improvements and the special assessments resulting
therefrom, including, but not limited to, notice and hearing requirements and any claim that the special
assessments exceed benefit to the FINAL PLAT. The DEVELOPER and OWNER hereby waive any
appeal rights otherwise available pursuant to Minn. Stat. § 429.081.
ARTICLE 15
FINANCIAL OBLIGATIONS
15.1. DEVELOPER’S LETTER OF CREDIT AMOUNT. Prior to release of the
FINAL PLAT for recording, the DEVELOPER shall submit certification of real estate taxes paid in
full for the DEVELOPMENT PROPERTY. DEVELOPER shall also deposit with the CITY an
irrevocable LOC for the amounts required in Exhibit C. In lieu of an irrevocable LOC, DEVELOPER
may deposit cash or other security acceptable to CITY.
All cost estimates shall be acceptable to the CITY ENGINEER. The bank and form of the
irrevocable LOC shall be subject to approval by the CITY. The irrevocable LOC shall be for a one
year term provided it is automatically renewable for successive one year periods from the present or
any future expiration dates, and further provided that the irrevocable LOC states that at least sixty
(60) days prior to the expiration date the bank will notify the CITY if the bank elects not to renew for
an additional period. The irrevocable LOC shall secure compliance by the DEVELOPER with the
terms of this DEVELOPMENT AGREEMENT. The CITY may draw down on the irrevocable LOC
or cash deposit, without any further notice than that provided in Section 14.1 relating to a
DEVELOPER DEFAULT, for any of the following reasons:
a) a DEVELOPER DEFAULT; or
b) upon the CITY receiving notice that the irrevocable LOC will be allowed to lapse,
without renewal as required above, prior to one (1) year after acceptance by the CITY.
In such event, the CITY shall use the LOC proceeds to reimburse the CITY for its costs and
to cause the DEVELOPER IMPROVEMENTS to be constructed to the extent practicable. If the
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CITY ENGINEER determines that such DEVELOPER IMPROVEMENTS have been constructed
and after retaining 10% of the proceeds for later distribution pursuant to Section 15.2, the remaining
proceeds shall be distributed to the DEVELOPER.
With CITY approval, the irrevocable LOC may be reduced pursuant to Section 15.2 from
time to time as financial obligations are paid.
15.2. ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER
IMPROVEMENTS. The DEVELOPER may request that the LOC or cash deposits required by this
DEVELOPMENT AGREEMENT be reduced proportionally at the following intervals:
a) Substantial completion of the mass site grading activities;
b) Final completion of the mass site grading activities;
c) Substantial completion of the sanitary sewer, water main, and storm sewer
installation;
d) Substantial completion of the streets and streetlights;
e) Final completion of the initial public improvements.
The LOC or cash deposits may be administratively reduced by the CITY ENGINEER by 50%
after full installation or completion of the aforementioned items, pending verification of as-builts and
completion of punch list items. Upon verification of as-builts that confirm the location and
construction of the aforementioned items and completion of punch list items, the DEVELOPER may
request the LOC or cash deposits be reduced by 75% of the original amounts. The balance shall be
retained by the CITY until the expiration of the 1-year warranty period.
If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly
adhered to, or that work was done without CITY inspection, the CITY may require, as a condition
of acceptance, that the DEVELOPER post an irrevocable LOC, or cash deposit equal to 125% of
the estimated amount necessary to correct the deficiency or to protect against deficiencies arising
therefrom. In the event that work, which is concealed, was done without permitting CITY
inspection, then the CITY may, in the alternative, require the concealed condition to be exposed
for inspection purposes.
15.3. DEVELOPER’S CASH FEES AND ESCROW REQUIREMENTS. At the time
that the DEVELOPMENT AGREEMENT is approved, DEVELOPER shall pay cash fees and
deposit required escrows with the CITY for those items and in the amounts required in Exhibit C.
15.4. BUILDER’S CASH FEES AND CASH ESCROW REQUIREMENTS.
DEVELOPER shall notify each BUILDER that certain building permit fees and an escrow shall be
required prior to the issuance of a building permit for each lot for items identified in the CITY’S Fee
Schedule and any requirements of the CITY’S Building Official.
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ARTICLE 16
MISCELLANEOUS
16.1. CITY’S DUTIES. The terms of this DEVELOPMENT AGREEMENT shall not be
considered an affirmative duty upon the CITY to complete any DEVELOPER IMPROVEMENTS.
16.2. ADDITIONAL IMPROVEMENTS. Subject to the requirements contained in
Section 14.1 hereof, if the DEVELOPER fails to construct the DEVELOPER IMPROVEMENTS,
the CITY at its option, may install and construct the DEVELOPER IMPROVEMENTS. In such case,
the CITY, at its option, may specially assess the cost wholly or in part therefore under Minnesota
Statutes Chapter 429, or may draw on the irrevocable LOC or cash deposit. If the CITY specially
assesses the cost of any portion thereof, then the DEVELOPER hereby waives any and all procedural
and substantive objections to the installation of the improvements and the special assessments,
including, but not limited to, notice and hearing requirements and any claim that the special
assessments exceed the benefit to the FINAL PLAT. The DEVELOPER waives any appeal rights
otherwise available pursuant to Minnesota Statute § 429.081. The DEVELOPER acknowledges that
the benefit from the improvements equal or exceed the amount of the special assessments.
16.3. COMPLETION DATES. Except for those improvements that may be deferred as
provided herein all DEVELOPER IMPROVEMENTS and PUBLIC IMPROVEMENTS shall be
installed no later than October 1, 2025, subject to extension(s) due to weather and seasonal conditions.
DEVELOPER may request an extension of this deadline in writing from the City Engineer for other
reasons, which extensions shall be granted in the CITY’S reasonable discretion. If granted, the
performance deadline extension shall be conditioned upon (a) updating the security posted by
DEVELOPER to reflect any cost increases and (b) unless waived in writing by both the
DEVELOPER and the CITY, amending this AGREEMENT to reflect the extended performance
completion date. Any such extension may also be conditioned upon certain technical accommodations
that may be required by the CITY to allow serviceability of the development infrastructure beyond a
single construction season should any public infrastructure facilities not be fully completed before
winter conditions ensue.
16.4. NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the
CITY under this DEVELOPMENT AGREEMENT.
16.5. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase
of this DEVELOPMENT AGREEMENT is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portion of this DEVELOPMENT AGREEMENT.
16.6. RECORDING. The DEVELOPMENT AGREEMENT and PLAT shall be recorded
with the COUNTY Recorder and the OWNER shall provide and execute any and all documents
necessary to implement the recording.
16.7. BINDING AGREEMENT. The parties mutually recognize and agree that all terms
and conditions of this recordable DEVELOPMENT AGREEMENT shall run with the land in the
FINAL PLAT, and shall be binding upon the successors and assigns of the DEVELOPER and
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OWNER. This DEVELOPMENT AGREEMENT shall also run with and be binding upon any after
acquired interest of the DEVELOPER and OWNER in the land made the subject of the FINAL PLAT.
16.8. CONTRACT ASSIGNMENT. The DEVELOPER may not assign this
DEVELOPMENT AGREEMENT without the prior written consent of the COUNCIL, which
approval will not be unreasonably withheld. In such case, the third-party buyer will be required to
accept and assume all contractual and financial responsibilities provided in this DEVELOPMENT
AGREEMENT. Upon satisfaction of such requirements by such third-party buyer, the
DEVELOPER’s obligations hereunder shall terminate. Absent approval of the Council, the
DEVELOPER’s obligations hereunder shall continue in full force and effect, even if the
DEVELOPER sells one or more lots, the entire PLAT, or any part of it.
16.9. AMENDMENT AND WAIVER. The parties hereto may by mutual written
agreement amend this DEVELOPMENT AGREEMENT in any respect. Any party hereto may
extend the time for the performance of any of the obligations of another, waive any inaccuracies in
representations by another contained in this DEVELOPMENT AGREEMENT or in any document
delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this
DEVELOPMENT AGREEMENT, waive compliance by another with any of the covenants contained
in this DEVELOPMENT AGREEMENT, waive performance of any obligations by the other or
waive the fulfillment of any condition that is precedent to the performance by the party so waiving of
any of its obligations under this DEVELOPMENT AGREEMENT. Any agreement on the part of
any party for any such amendment, extension or waiver must be in writing. No waiver of any of the
provisions of this DEVELOPMENT AGREEMENT shall be deemed, or shall constitute, a waiver of
any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
16.10. GOVERNING LAW. This DEVELOPMENT AGREEMENT shall be governed by
and construed in accordance with the laws of the State of Minnesota, County of Dakota.
16.11. COUNTERPARTS. This DEVELOPMENT AGREEMENT may be executed in
any number of counterparts, each of which shall be deemed an original but all of which shall constitute
one and the same instrument.
16.12. HEADINGS. The subject headings of the paragraphs and subparagraphs of this
DEVELOPMENT AGREEMENT are included for purposes of convenience only and shall not affect
the construction of interpretation of any of its provisions.
16.13. INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the
words of this DEVELOPMENT AGREEMENT or if the obligation imposed hereunder upon the
DEVELOPER are inconsistent, then that provision or term which imposes a greater and more
demanding obligation on the DEVELOPER shall prevail.
16.14. CERTIFICATE OF COMPLETION. Upon request by DEVELOPER, the CITY
covenants to provide a recordable Certificate of Completion within a reasonable period of time
following the request, upon the completion of the DEVELOPER IMPROVEMENTS and SITE
IMPROVEMENTS required herein, payment of all costs and fees required and compliance with all
terms of this DEVELOPMENT AGREEMENT.
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23
16.15. ACCESS. The DEVELOPER and OWNER hereby grant to the CITY, its agents,
employees, officers, and contractors a license and right of entry to enter the DEVELOPMENT
PROPERTY to perform all work and inspections deemed appropriate by the CITY during the
installation of DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT
AGREEMENT.
CITY:
CITY OF HASTINGS
By:
Mary Fasbender
Its Mayor
By:
Kelly Murtaugh
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2023, before me a Notary Public within and
for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Hastings, the municipality named in the foregoing instrument, and that the said
instrument was signed on behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
X-C-02 (a-d)
25
OWNER:
Gregory A. Jablonske
Susan M. Jablonske
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me on ____________ day of
____________________________, 2023, by Gregory A. Jablonske and Susan M. Jablonske,
husband and wife.
Notary Public
X-C-02 (a-d)
26
DEVELOPER:
GREG J. HOMES OF HASTINGS, INC.
By: Greg Jablonske
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me on ____________ day of
____________________________, 2023, by Greg Jablonske, the of Greg J.
Homes of Hastings, Inc., a Minnesota corporation, on behalf of said corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Korine Land, #262432
LeVander, Gillen, & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
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A-1
EXHIBIT A
DEVELOPMENT PROPERTY
Real property situated in the City of Hastings, County of Dakota, State of Minnesota, legally described
as:
Lots 1-10, Block 1, South Oaks of Hastings 4th Addition
Lots 1-12, Block 2, South Oaks of Hastings 4th Addition
Lots 1-13, Block 3, South Oaks of Hastings 4th Addition
Outlots A-D, South Oaks of Hastings 4th Addition
Abstract
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B-1
EXHIBIT B
FINAL PLAT
X-C-02 (a-d)
C-1
EXHIBIT C
DEVELOPER’S LETTER OF CREDIT AND CASH ESCROWS AND CASH
REQUIREMENTS FOR SITE IMPROVEMENTS
LETTERS OF CREDIT
Est. Construction Cost
Sanitary Sewer
$140,806.60
Watermain
$213,653.25
Storm Sewer
$120,098.39
Streets/Trails/Sidewalks
$196,044.50
Grading $ 56,610.50
Subtotal: $727,213.24
X 125%
TOTAL SITE IMPROVEMENT LOC: $909,016.55
CASH ESCROWS
*Final amount to be determined by the CITY Engineer
Total
Landscaping Cost $7,200
X 125%
Total Landscaping Escrow: $9,000
CASH REQUIREMENTS
Unit Cost Qty Total
Park Dedication Fees $2,200/unit 35 units $77,000.00
Sewer Interceptor Fees $485/unit 35 units $16,975.00
Total Cash Fees $93,975.00
Seal Coat or Preventative Maintenance Product Escrow $6,000
Street & Traffic Control Signage Escrow $2,000
Estimated Construction Inspection & Administration
Escrow for Grading and Public Infrastructure* $50,000
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D-1
EXHIBIT D
MISCELLANEOUS REQUIREMENTS AND CONDITIONS
IMPOSED BY THE CITY
1) CONDITIONS TO BE SATISFIED BEFORE CITY RELEASES THE FINAL PLAT
TO BE RECORDED.
a) Letter of Credit. DEVELOPER must provide the LOC for the amounts required in this
DEVELOPMENT AGREEMENT.
b) All Cash and Escrow Deposits. DEVELOPER must pay all cash and escrow deposits
required in this DEVELOPMENT AGREEMENT.
c) Planning Fees. DEVELOPER must fully pay the CITY all planning, engineering
review and legal fees that have been incurred up to the date of approval of this
DEVELOPMENT AGREEMENT.
d) Park Dedication Fee. DEVELOPER must pay park dedication fees as required in
Exhibit C.
e) Sewer Interceptor Fees. DEVELOPER must pay sewer interceptor fees as required in
Exhibit C.
f) Outlot D. DEVELOPER has executed a warranty deed to the CITY for Outlot D for
Stormwater Maintenance Facility.
g) Outlots A, B and C. DEVELOPER has executed quit claim deeds of Outlots A, B and
C to the immediately adjacent property owners of South Oaks of Hasting 2nd Addition.
h) Vacation of all existing permanent easements.
2) BUILDING PERMITS. Except for any model home permits allowed pursuant to Section
4.14, no building permits may be obtained until:
a) All the conditions in Paragraph 1 of this Exhibit D have been met;
b) All storm water ponds and associated drainage features including storm sewer and
drainage swales have been installed;
c) The concrete curb and gutter and base course of bituminous for the streets serving the
lot must be constructed by the DEVELOPER and approved by the CITY and
determined by the CITY to be available for use;
d) The utilities have been installed;
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D-2
e) Record Drawings have been received and approved by the CITY;
f) The following documents have been recorded:
• Final Plat
• Development Agreement
• Deed for Outlot D to the CITY
• Deeds for Outlots A, B and C to the adjacent property owners of South Oaks
of Hastings 2nd Addition
3) CERTIFICATES OF OCCUPANCY. Prior to issuance of any certificate of occupancy, all
the following conditions must be satisfied:
a) All the conditions listed in Paragraphs 1 and 2 of this Exhibit D must be satisfied.
b) All storm water ponds and associated drainage features including storm sewer and
drainage swales have been completed and accepted by the City Engineer.
4) SUBDIVISION EROSION CONTROL. DEVELOPER is responsible for erosion control
throughout the FINAL PLAT pursuant to the NPDES permit until all lots in the FINAL PLAT
are built upon and until turf is established in each of the individual lots in the FINAL PLAT.
5) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING
PROPERTY. The escrow amount stated on Exhibit C shall include an appropriate amount
as determined by the Director of Public Works to ensure that the DEVELOPER removes any
construction debris from streets adjoining the FINAL PLAT and from private properties that
adjoint the FINAL PLAT. During the construction of the residences and other improvements
within the FINAL PLAT, the DEVELOPER is responsible for removing any construction
debris (including roofing materials, paper wrappings, construction material and other waste
products resulting from construction) that may be blown from the construction site into
adjoining private properties or into CITY streets or that may fall from delivery trucks onto
adjoining private properties or CITY streets. Further, during construction, the DEVELOPER
must clear the CITY streets of any dirt or other earthen material that may fall onto the CITY
streets from the delivery trucks that are being used in the excavation and grading of the site.
6) MAILBOXES. The DEVELOPER is responsible for the placement of a mailbox for all the
lots within the DEVELOPMENT PROJECT and must comply with the United States Postal
Service’s mailbox design and placement requirements. The mailboxes must all be of similar
design and color within the DEVELOPMENT PROJECT.
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E-1
EXHIBIT E
PERMITS, LICENSES AND OTHER APPROVALS
1. Any licenses or permits required by the Minnesota Department of Health.
2. NPDES Construction Stormwater Permit from the MPCA.
3. Any contractor licenses from the CITY or the State of Minnesota.
4. Building Permits from the CITY.
5. Electrical Permits from the CITY.
6. Utility permits that may be required from the CITY, State of Minnesota or any utility
company.
7. Access permits and construction permits as required by Dakota County.
8. Sanitary Sewer Extension Permit by MPCA.
X-C-02 (a-d)
1
(Reserved for Recording
Data)
STORMWATER MANAGEMENT FACILITIES AGREEMENT
This Stormwater Management Facilities Agreement (“Agreement”) is made, entered into
and effective this______ day of , 2023, by and between the City of Hastings, a
Minnesota municipal corporation (“City”), Gregory A. Jablonske and Susan M. Jablonske
(“Owner”), and Greg J. Homes of Hastings, Inc., a Minnesota Corporation (“Developer”).
WHEREAS, Owner is the fee owner of certain real property situated in the City of
Hastings, County of Dakota, State of Minnesota legally described in the Plat of South Oaks of
Hastings 4th Addition as follows:
Lots 1-10, Block 1, South Oaks of Hastings 4th Addition
Lots 1-12, Block 2, South Oaks of Hastings 4th Addition
Lots 1-13, Block 3, South Oaks of Hastings 4th Addition
Outlots A-D, South Oaks of Hastings 4TH Addition
(the “Property”); and
WHEREAS, Developer has obtained the approval from the Owner and from the City for
the development of Stormwater Management Facilities within the Property; and
WHEREAS, as used herein, the term “Stormwater Management Facilities” may refer to
water quality and/or water quantity facilities (i.e. detention basins, retention basins, swales, pipes,
oil/water separators, sand filtering devices, infiltration facilities, sump structures, drains, catch
basins, etc.) which are located on the Property but outside the public road right-of-way; and
WHEREAS, the City has required that the Developer make provision for the construction,
maintenance and repair of the Stormwater Management Facilities located within the boundaries of
the Property as shown on the Stormwater Facilities Location Map on Exhibit A attached hereto
and incorporated herein; and
WHEREAS, the City, Owner and Developer desire to set forth their understanding with
X-C-02 (a-d)
2
respect to the construction, repair and maintenance of the Stormwater Management Facilities
and the responsibility relating to the costs of the repair and maintenance of the Stormwater
Management Facilities.
NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
1. Construction of Stormwater Management Facilities and Warranty Period
Maintenance. The Developer agrees to construct the Stormwater Management Facilities according
to the construction plans drawn by J. R. Hill, Inc. dated July 25, 2023 (“Plans”), and repair and
maintain the Stormwater Management Facilities at its sole cost and expense during the warranty
period set forth in Section 10.1(h) of the Development Agreement for the South Oaks of Hastings
4th Addition by and Between the City of Hastings, Gregory A. Jablonske and Susan M. Jablonske
and Greg J. Homes of Hastings, Inc. Maintenance of the Stormwater Management Facilities shall
include but is not limited to compliance with the Stormwater BMPs Operations and Maintenance
Plan (“Operations Plan”) on Exhibit B, attached hereto and incorporated herein. During the
Warranty Period, Developer shall submit an annual inspection report that complies with the
Inspection Plan by September 30th of each year. If the required annual inspection report is not
submitted to the City by September 30th, the City shall have the right to conduct the annual
inspection and assess the costs pursuant to this Agreement. If it is determined that the Stormwater
Management Facilities (1) have not been maintained; or (2) are not functioning as originally
designed and intended; or (3) are in need of repair, the Developer agrees to restore the Stormwater
Management Facilities so that it functions as it was designed and intended. Failure to comply with
the restoration ordered by the City shall be an event of default.
2. Conveyance of Stormwater Management Facilities. Following the expiration of the
warranty period, and upon approval by the City Engineer, the City shall accept the Stormwater
Management Facilities and thereafter, City shall be responsible for maintenance, repair and
improvement of the Stormwater Management Facilities.
3. Maintenance of Drains. There are stormwater drains located in drainage and utility
easements in Block 1 and Block 2. It is the responsibility of the Developer and subsequent property
owners adjacent to such stormwater drains to maintain the drains and keep them clear of
obstructions and debris to ensure that the Stormwater Maintenance Facilities are operating
properly. Failure to do so shall result in an event of default pursuant to Section 4, subject to
assessments as provided in Section 6. The properties that are responsible for such stormwater
drains are legally described as follows:
Lots 6, 7, and 10, Block 1, South Oaks of Hastings 4th Addition and
Lots 5-8, Block 2, South Oaks of Hastings, 4th Addition
4. Developer’s and/or Owner’s Default. In the event of default by the Developer during
the warranty period and/or Owner at any time, then following at least thirty (30) days prior written
notice and Developer’s and/or Owner’s failure to cure such default within such time-frame, except
in an emergency as determined by the City, the City may, at its option, perform the work and the
Developer and/or Owner shall promptly, following receipt of an invoice and reasonable
substantiation of such costs, reimburse the City for any reasonable out-of-pocket expense incurred
by the City.
X-C-02 (a-d)
3
5. License. This Agreement is a license for the Developer to act when so authorized
under this Agreement during the warranty period, and it shall not be necessary for the Developer to
seek permission from the City or Owner to enter the Property to fulfill its obligations pursuant to
this Agreement. The Developer has conveyed Outlot D, South Oaks of Hastings 4th Addition to
the City for purposes of using it as a public Stormwater Maintenance Facility, which is described
and depicted in more detail on Exhibit B.
6. Assessment. When the City does any work to maintain, repair or improve the
Stormwater Maintenance Facility (such activities shall be referred to as the “Improvements”), the
City may, in addition to its other remedies, assess the reasonable out-of-pocket cost (“Assessment
Amount”) against the benefited properties identified on Exhibit C (“Benefited Property”), attached
hereto and incorporated herein, that are specially benefited by the Improvements.
a. Assessment Appeal Waiver: Owner and its successors hereby authorize the City to
certify a special assessment against a portion or all of the Benefited Property up to the
Assessment Amount for Improvements. The Owner hereby waives all rights to
assessment notices, hearings and appeals, and all other rights pursuant to Minn. Stat. §
429.061, § 429.071 and § 429.081 for the special assessment against the Benefited
Property up to the Assessment Amount. The Owner hereby waives any and all
procedural and substantive objections to the assessment up to the Assessment Amount
against the Benefited Property, including, but not limited to, notice and hearing
requirements and any claim that any or all of the Assessment Amount against the
Benefited Property exceeds the benefit to the Benefited Property for the Improvements.
The Owner acknowledges and agrees that the benefit of the Improvements to the
Benefited Property does in fact equal or exceed the Assessment Amount. The City and
Owner acknowledge and agree that the Owner’s waiver of assessment appeal rights
pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment Amount by
operation of Minn. Stat. § 462.3531. The City and Owner acknowledge and agree that
the Owner may appeal any special assessment above the Assessment Amount.
b. Developer’s and Owner’s Covenant Not to Sue the City: Owner hereby covenants with
the City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate
the assessment, or for other relief from the payment of the City’s assessment up to the
Assessment Amount against the Benefited Property for the Improvements completed by
the City.
c. Owner’s Covenant that Owner is the fee owner: Owner hereby covenants and warrants
with the City that Owner is seized in fee of the Property including the Benefited Property
and has good right to enter into this Agreement with the City.
d. Owner’s Agreement to Assessment Amount: Owner understands and agrees that the
value of the Improvements will increase the market value of the Benefited Property in
an amount that equals or exceeds the Assessment Amount.
e. When Payment is Due: Owner agrees to pay the Assessment Amount, plus accrued
interest during the Assessment Term.
f. Assessment Amount: The City agrees that it will certify/levy the Assessment Amount
X-C-02 (a-d)
4
only against the benefited Property and only up to the Assessment Amount for the
Improvements pursuant to this Agreement.
g. Prepayment of Assessment: The City agrees the Owner may prepay some or all of the
City’s Assessment Amount against the Benefited Property for the Improvements with
no penalty pursuant to Minn. Stat. § 429.061.
7. Terms and Conditions. This Agreement shall run with the land and shall be binding
upon Developer’s and Owner’s successors and assigns with respect to the Property. The terms and
conditions of this Agreement shall be binding upon and shall insure to the benefit of the parties
hereto and their respective successors in interest and assigns.
8. Developer Warranty. Developer warrants and represents the following to the City
and acknowledges that this Agreement has been duly executed and delivered and constitutes the
legal, valid and binding obligation of Developer enforceable in accordance with its terms. The
party signing on behalf of the Developer has been duly authorized by the entity to sign the
Agreement and bind the entity. Developer has been duly formed under the laws of the State of
Minnesota and is in good standing under the laws of the jurisdiction in which the Property is
located, is duly qualified to transact business in the jurisdiction in which the Property is located
and has the requisite power and authority to enter into and perform this Agreement and the
documents and instruments required to be executed and delivered by Developer pursuant hereto.
This Agreement and the documents and instruments required to be executed and delivered by
Developer pursuant hereto have each been duly authorized by all necessary action on the part of
Developer and such execution, delivery and performance does and will not conflict with or result
in a violation of Developer’s organizational agreement or any judgment or order. The execution,
delivery and performance by Developer of this Agreement will not (a) violate any provision of any
law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or
award of any court, governmental agency or arbitrator presently in effect having applicability to
Developer, or (b) result in a breach of or constitute a default under any indenture, loan or credit
agreement or any other agreement, lease or instrument to which Developer is a party or by which it
or any of its properties may be bound.
9. Owner Warranty. Owner warrants and represents the following to the City and
acknowledges that this Agreement has been duly executed and delivered and constitutes the legal,
valid and binding obligation of Owner enforceable in accordance with its terms. The Owner has
the requisite power and authority to enter into and perform this Agreement and the documents and
instruments required to be executed and delivered by Owner pursuant hereto. The execution,
delivery and performance by Owner of this Agreement will not (a) violate any provision of any
law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or
award of any court, governmental agency or arbitrator presently in effect having applicability to
Owner, or (b) result in a breach of or constitute a default under any indenture, loan or credit
agreement or any other agreement, lease or instrument to which Owner is a party or by which it or
any of its properties may be bound.
10. Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
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5
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement, waive performance of any obligations by the other or
waive the fulfillment of any condition that is precedent to the performance by the party so waiving
of any of its obligations under this Agreement. Any agreement on the part of any party for any
such amendment, extension or waiver must be in writing. No waiver of any of the provisions of
this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or
not similar, nor shall any waiver constitute a continuing waiver.
11. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota, Dakota County District Court.
12. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original but all of which shall constitute one and the same
instrument.
13. Consent. Owner consents to the recording of this Agreement against the Property.
14. Limitation of Liability. Notwithstanding any other provision of this Agreement, in
no event shall either party or any of their affiliates, by reason of any of their respective acts or
omissions be liable whether in contract, tort, misrepresentation, warranty, negligence, strict
liability or otherwise for any special, indirect, incidental or consequential damages arising out of
or in connection with this Agreement, or the performance, non-performance or breach thereof.
15. Notice. Notice shall mean notices given by one party to the other if in writing and
if and when delivered or tendered: (i) in person or by email, if receipt is acknowledged; (ii) by
depositing it in the United States mail in a sealed envelope, by certified mail, return receipt
requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an
overnight courier service addressed by name and address to the party or person intended addressed
as follows:
If to City: City of Hastings
Attention: City Administrator
101 4th Street East
Hastings, MN 55033
If to Owner: Greg and Susan Jablonske
If to Developer: Greg J. Homes of Hastings, Inc.
Attention: Gregory A. Jablonske
3475 Vermillion Street, Suite 101
Hastings, MN 55033
or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given (which may include email,
if receipt is acknowledged), on the third day after mailing if mailed by United States postal service
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6
as provided above, or within twenty-four (24) hours if sent via overnight courier service provided,
that a notice not given as above shall, if it is in writing, be deemed given if and when actually
received by a party.
[The remainder of this page was intentionally left blank.]
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7
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the day and year first above written.
CITY:
CITY OF HASTINGS
By: _____________________________
Mary Fasbender
Its Mayor
By: ____________________________
Kelly Murtaugh
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this day of , 2023, before me a Notary Public within and
for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Hastings, the municipality named in the foregoing instrument and that the said
instrument was signed on behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
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OWNER:
Gregory A. Jablonske
Susan M. Jablonske
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me on ____________ day of
____________________________, 2023, by Gregory A. Jablonske and Susan M. Jablonske, husband
and wife.
Notary Public
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9
DEVELOPER:
GREG J. HOMES OF HASTINGS, INC.
By:
Greg Jablonske
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me on ____________ day of
____________________________, 2023, by Greg Jablonske, the of Greg J. Homes
of Hastings, Inc., a Minnesota corporation, on behalf of said corporation.
Notary
THIS INSTRUMENT DRAFTED BY:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
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A-1
EXHIBIT A
STORMWATER FACILITIES LOCATION MAP
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A-2
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B-1
12
EXHIBIT B
STORMWATER BMPs OPERATIONS AND MAINTENANCE PLAN
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C-1
EXHIBIT C
BENEFITED PROPERTIES
Real property in the City of Hastings, County of Dakota, State of Minnesota, legally
described as follows:
Lots 1-10, Block 1, South Oaks of Hastings 4th Addition
Lots 1-12, Block 2, South Oaks of Hastings 4th Addition
Lots 1-13, Block 3, South Oaks of Hastings 4th Addition
Abstract Property
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