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HomeMy WebLinkAboutItem 06.i• • • • ☐☐ 1 Pillars of Lakeville 211944v7 (reserved for recording information) SITE IMPROVEMENT PERFORMANCE AGREEMENT PILLARS OF LAKEVILLE AGREEMENT dated ____________________, 2021, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and PILLARS OF LAKEVILLE, LLC, a Minnesota limited liability company (“Developer”). 1. BACKGROUND. A. The Developer has submitted to the City a site plan application on property in the City of Lakeville, Minnesota, located at 17701 Glacier Way legally described as Unit No. 3, CIC Number 649, A Condominium, Crossroads Community, Dakota County, Minnesota according to the recorded plat thereof (hereinafter referred to as the “Subject Property”). B. The development of the above described property includes a four story 100-unit senior housing facility with underground parking (“Improvements”). 2. CONDITIONS OF APPROVAL. This Agreement is a condition of City site plan approval and will be recorded against the Subject Property. 3. PLANS. The Subject Property shall be developed in accordance with the following plans which are on file with the City. The plans shall not be attached to this Agreement. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: 2 Pillars of Lakeville 211944v7 Plan A – Site Plan Plan B – Grading and Drainage Plan Plan C – Utility Plan Plan D – Landscape Plan Plan E – New Building Floor Plan Plan F – New Building Elevations Plan Plan G – Lighting Photometric Plan Plan H – Traffic Control Plan No work can occur outside of the areas indicated on the plans without modifying this Agreement or obtaining a separate grading permit. 4. EROSION CONTROL. The Developer is responsible for obtaining an MPCA Construction Permit for the site as well as developing a SWPPP for the site prior to issuance of a building permit. The permit requires that all erosion and sediment BMPs be clearly outlined in a SWPPP. Changes made throughout construction must be documented in the SWPPP. All basin slopes and slopes adjacent to wetlands must have erosion control blanket installed. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Developer. 5. LICENSE. Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City in conjunction with site development. 6. CONSTRUCTION ACCESS. Construction traffic access and egress for site grading, utility and building construction shall be from a single rock construction entrance off of Glasgow Avenue. 7. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay for construction observation performed by the City's in-house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public 3 Pillars of Lakeville 211944v7 utilities and will be billed on hourly rates estimated to be five percent (5%) of the estimated construction cost as provided under Paragraph 17. 8. DRAINAGE AND GRADING. The parent parcel was previously graded with the Crossroads 1st Addition improvements. The site drains to the south to an existing catch basin that outlets to the City’s storm sewer system on Glacier Way. The final grading plan must indicate any proposed borrow areas in which the building footings will be placed on fill material. The grading specifications must indicate that all embankments meet FHA/HUD 79G specifications. A final certificate of occupancy shall not be issued until an as-built certified grading plan has been submitted and approved by the City Engineer. The proposed site plan and improvements contain more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. 9. GLACIER WAY IMPROVEMENTS. The Developer shall construct a driveway to provide access to the site from Glacier Way aligning with 178th Street. The construction of this driveway shall include the removal of existing curb and gutter and pavement along Glacier Way. The Developer shall post a security in the amount of $2,500.00 with the building permit for the removal and restoration of the public roadway infrastructure. The Developer shall construct a mast arm street light in the public right-of-way at the proposed driveway. The Developer shall post a security in the amount of $1,400.00 for installation of the mast arm street light. 10. PARKING. The Developer shall construct a private parking lot within northeast portion of the CIC No. 649 common elements, designed to provide a capacity of forty six (46) stalls, pursuant to the approved plans in the area depicted in Exhibit A attached hereto. Developer shall obtain an easement for parking within the common elements or units of CIC No. 649 for up to forty six (46) parking stalls. 4 Pillars of Lakeville 211944v7 The Developer shall construct a one-way circulation drive to provide a guest drop off at the building entrance, and a private drive will connect the two proposed parking lots. Developer shall obtain an easement for construction of the drive and driveway access over the common element within CIC No. 649 11. SANITARY SEWER. The Developer shall construct and extend public sanitary sewer to provide sewer service to the site. The proposed 10-inch HDPE sanitary sewer will connect into an existing sanitary manhole on Glasgow Way. The Developer shall post a $32,500.00 security with the building permit for installation of the sanitary sewer and the removal and restoration of the public roadway infrastructure. The Sanitary Sewer Area Charge was previously paid for with the Crossroads 1st Addition final plat; therefore, the Sanitary Sewer Availability Charge will not be required. 12. WATERMAIN. The Developer shall extend the private water service within the site to provide water and fire suppression service to the proposed building. The existing water service will need to be relocated to provide water service to the Crossroads Church building. The utility plan proposes an additional 8-inch private water service extending from the existing service off Glasgow Avenue. The proposed service will be constructed around the proposed buildings and connect into the existing 8-inch water service extended from the north to provide a looped system. The Developer shall obtain an easement over the CIC No. 649 common element for the water service. 13. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, subcontractors, their agents or assigns. Prior to any construction on the Subject Property, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 14. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $100,000.00 landscaping security to ensure that the landscaping is installed in accordance with the approved plan. Developer shall obtain the necessary easements for installation of the landscaping within CIC No. 649 common elements. 15. TREE PRESERVATION. The Developer shall protect all significant trees on site, as shown on the grading plan and landscape plan. 5 Pillars of Lakeville 211944v7 The Developer shall remove three (3) trees for the construction of the retaining wall at the front of the senior building and remove four (4) trees to construct the parking lot access to Glacier Way. 16. SPECIAL PROVISIONS. The following special provisions shall apply to this Agreement: A. All utilities on the parcel shall be privately owned and maintained by the Developer, with the exception of sanitary manhole MH2 and the downstream sewer. B. All signage on the property shall comply with Zoning Ordinance requirements. The Developer must obtain a sign permit prior to installation of any signs on the property or buildings. C. Exterior lights shall not be flood lights and shall be directed downward or shielded in compliance with Section 11-16-17 of the Zoning Ordinance. D. Parking lot lights shall be twenty-five (25) foot- tall poles on three (3) foot tall bases. Lighting shall also be mounted on the exterior of the building at a height of eight feet. E. An electrical transformer and generator shall be located in the trash enclosure located outside the entrance door to the underground parking garage. The area shall be enclosed with a burnished block wall and a dark bronze steel gate. F. The Developer shall submit as-built record drawings in pdf. format following the completion of this project. 17. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Agreement, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ("Security") for $396,981.00 prior to City Council execution of this Agreement. The amount of the Security was calculated as follows: CONSTRUCTION COSTS: Removal and Restoration of Glacier Way $2,500.00 Public Sanitary Sewer (Including Restoration) 32,500.00 Grading, Erosion Control, and Restoration 243,850.00 6 Pillars of Lakeville 211944v7 CONSTRUCTION SUB-TOTAL $278,850.00 OTHER COSTS: City Construction Observation (5.0%) 13,942.50 City’s Legal Expense (0.5%) $1,394.25 Developer’s Record Drawing (0.5%) 1,394.25 Landscaping 100,000.00 Streetlights 1,400.00 OTHER COSTS SUB-TOTAL 118,131.00 TOTAL PROJECT SECURITIES: $396,981.00 This breakdown is for historical reference; it is not a restriction on the use of the Security. The bank shall be subject to the approval of the City Administrator. The City may draw down the Security, on five (5) business days prior written notice to the Developer, for any violation of the terms of this Agreement or without notice if the Security is allowed to lapse prior to the end of the required term. If the Security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the Security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as Security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 18. ACKNOWLEDGEMENT. The Developer acknowledges that approval of installation of the Improvements does not constitute a guarantee by the City of any future subdivision approvals and that the Developer performs the work on the Subject Property at its own risk. 7 Pillars of Lakeville 211944v7 19. RESPONSIBILITY FOR COSTS. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subject Property, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval of the site plan, the preparation of this Agreement, review of any other plans and documents. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. Notwithstanding anything contained within this Section 21(B), Developer shall not be obligated to indemnify or defend the City from and against claims based on any negligence or willful misconduct by the City, its employees, agents or contractors, or the failure of the City to act in accordance with City ordinances and other applicable laws. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. 20. MISCELLANEOUS. A. Third parties shall have no recourse against the City under this Agreement. B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. C. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties 8 Pillars of Lakeville 211944v7 and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. D. This Agreement shall run with the land and may be recorded against the title to the Subject Property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Subject Property and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Subject Property; that there are no unrecorded interests in the Subject Property; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. F. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits and certificates of occupancy, and the halting of all work on the Subject Property. G. The Developer represents to the City that the development complies with all City, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the development does not comply, the City may, at its option, refuse to allow construction or development work in the development until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. 21. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as 9 Pillars of Lakeville 211944v7 determined by the City, is first given notice of the work in default, not less than ten (10) days in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Subject Property. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 22. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 400 Water Street, Suite 200, Excelsior, Minnesota 55331. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. {The remainder of this page is intentionally left blank. Signature pages to follow.} 10 Pillars of Lakeville 211944v7 CITY OF LAKEVILLE BY: __________________________________________ Douglas P. Anderson, Mayor (SEAL) AND __________________________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2021, by Douglas P. Anderson and by Charlene Friedges, respectively the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC 1 Four Square Early Learning Center 211992v5 (reserved for recording information) SITE IMPROVEMENT PERFORMANCE AGREEMENT FOUR SQUARE EARLY LEARNING CENTER AGREEMENT dated ____________________, 2021, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and PAS HOLDING, LLC, a Minnesota limited liability company (“Developer”). 1. BACKGROUND. A. The Developer has submitted to the City a site plan application on property in the City of Lakeville, Minnesota, located at 17750 Glasgow Avenue legally described as Unit No. 4, CIC Number 649, A Condominium, Crossroads Community, Dakota County, Minnesota according to the recorded plat thereof (hereinafter referred to as the “Subject Property”). B. The development of the above described property includes a four story 100-unit senior housing facility with underground parking and an attached single-story preschool and daycare building (“Improvements”). 2. CONDITIONS OF APPROVAL. This Agreement is a condition of City site plan approval and will be recorded against the Subject Property. 2 Four Square Early Learning Center 211992v5 3. PLANS. The Subject Property shall be developed in accordance with the following plans which are on file with the City. The plans shall not be attached to this Agreement. If the plans vary from the written terms of this Agreement, the written terms shall control. The plans are: Plan A – Site Plan Plan B – Grading and Drainage Plan Plan C – Utility Plan Plan D – Landscape Plan Plan E – New Building Floor Plan Plan F – New Building Elevations Plan Plan G – Lighting Photometric Plan Plan H – Traffic Control Plan No work can occur outside of the areas indicated on the plans without modifying this Agreement or obtaining a separate grading permit. 4. EROSION CONTROL. The Developer is responsible for obtaining an MPCA Construction Permit for the site as well as developing a SWPPP for the site prior to issuance of a building permit. The permit requires that all erosion and sediment BMPs be clearly outlined in a SWPPP. Changes made throughout construction must be documented in the SWPPP. All basin slopes and slopes adjacent to wetlands must have erosion control blanket installed. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Developer. 5. LICENSE. Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and inspections deemed appropriate by the City in conjunction with site development. 6. CONSTRUCTION ACCESS. Construction traffic access and egress for site grading, utility and building construction shall be from a single rock construction entrance off of Glasgow Avenue. 3 Four Square Early Learning Center 211992v5 7. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Developer shall pay for construction observation performed by the City's in-house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and will be billed on hourly rates estimated to be five percent (5%) of the estimated construction cost. 8. DRAINAGE AND GRADING. The parent parcel was previously graded with the Crossroads 1st Addition improvements. The site drains to the south to an existing catch basin that outlets to the City’s storm sewer system on Glacier Way. The final grading plan must indicate any proposed borrow areas in which the building footings will be placed on fill material. The grading specifications must indicate that all embankments meet FHA/HUD 79G specifications. A final certificate of occupancy shall not be issued until an as-built certified grading plan has been submitted and approved by the City Engineer. The proposed site plan and improvements contain more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. 9. GLACIER WAY IMPROVEMENTS. The Developer shall construct a driveway to provide access to the site from Glacier Way aligning with 178th Street and obtain an easement for the driveway access over the CIC Number 649 common element. The construction of this driveway shall include the removal of existing curb and gutter and pavement along Glacier Way. The Developer shall post a security in the amount of $2,500.00 with the building permit for the removal and restoration of the public roadway infrastructure. The Developer shall construct a mast arm street light in the public right-of-way at the proposed driveway. The Developer shall post a security in the amount of $700.00 for installation of the mast arm street light. 10. PARKING. The Developer shall construct a private parking lot on the southeast portion of the common elements within CIC No. 649, designed to provide a capacity of fifty (50) stalls, including four 4 Four Square Early Learning Center 211992v5 (4) handicapped accessible stalls as depicted in Exhibit A attached hereto. Developer shall obtain an easement for parking within the common elements or units of CIC No. 649 for up to fifty (50) parking stalls. The Developer shall construct a one-way circulation drive within CIC No. 649 common elements to provide a guest drop off at the building entrance, and a private drive will connect the two proposed parking lots to be located within the common elements. 11. SANITARY SEWER. The Developer shall construct and extend public sanitary sewer to provide sewer service the site. The proposed 10-inch HDPE sanitary sewer will connect into an existing sanitary manhole on Glasgow Way. The Developer shall post a $32,500.00 security with the building permit for installation of the sanitary sewer and the removal and restoration of the public roadway infrastructure. The Sanitary Sewer Area Charge was previously paid for with the Crossroads 1st Addition final plat; therefore, the Sanitary Sewer Availability Charge will not be required. 12. WATERMAIN. The Developer shall extend the private water service within the site to provide water and fire suppression service to the proposed building. The existing water service will need to be relocated to provide water service to the Crossroads Church building. The utility plan proposes an additional 8-inch private water service extending from the existing service off Glasgow Avenue. The proposed service will be constructed around the proposed buildings and connect into the existing 8-inch water service extended from the north to provide a looped system. The Developer shall obtain an easement over the CIC No. 649 common element for the water service. 13. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, subcontractors, their agents or assigns. Prior to any construction on the Subject Property, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 14. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $13,755.00 landscaping security to ensure that the landscaping is installed in accordance with the approved plan. Developer shall obtain the necessary easements for installation of the landscaping within CIC No. 649 common elements. 5 Four Square Early Learning Center 211992v5 15. TREE PRESERVATION. The Developer shall protect all significant trees on site, as shown on the grading plan and landscape plan. The Developer shall remove four (4) trees to construct the parking lot access to Glacier Way. 16. SPECIAL PROVISIONS. The following special provisions shall apply to this Agreement: A. All utilities on the parcel shall be privately owned and maintained by the Developer, with the exception of sanitary manhole MH2 and the downstream sewer. B. All signage on the property shall comply with Zoning Ordinance requirements. The Developer must obtain a sign permit prior to installation of any signs on the property or buildings. C. Exterior lights shall not be flood lights and shall be directed downward or shielded in compliance with Section 11-16-17 of the Zoning Ordinance. D. Parking lot lights shall be twenty-five (25) foot- tall poles on three (3) foot tall bases. Lighting shall also be mounted on the exterior of the building at a height of eight feet. E. The Developer shall install black vinyl-coated chain link fence enclosing the greenspace area adjacent to the daycare facility with a setback of fifteen (15) feet from the property line along Glasgow Avenue. F. The Developer shall submit as-built record drawings in pdf. format following the completion of this project. 17. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security, in the form attached hereto, from a bank ("Security") for $190,005.00 prior to City Council execution of this Agreement. The amount of the Security was calculated as follows: 6 Four Square Early Learning Center 211992v5 CONSTRUCTION COSTS: Removal and Restoration of Glacier Way $2,500.00 Public Sanitary Sewer (Including Restoration) 32,500.00 Grading, Erosion Control, and Restoration 130,000.00 CONSTRUCTION SUB-TOTAL $165,000.00 OTHER COSTS: City Construction Observation (5.0%) 8,250.00 City’s Legal Expense (0.5%) $825.00 Developer’s Record Drawing (0.5%) 825.00 Landscaping 13,755.00 Streetlights 1,400.00 OTHER COSTS SUB-TOTAL 25,055.00 TOTAL PROJECT SECURITIES: $190,005.00 This breakdown is for historical reference; it is not a restriction on the use of the Security. The bank shall be subject to the approval of the City Administrator. The City may draw down the Security, on five (5) business days prior written notice to the Developer, for any violation of the terms of this Agreement or without notice if the Security is allowed to lapse prior to the end of the required term. If the Security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the Security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as Security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 7 Four Square Early Learning Center 211992v5 18. ACKNOWLEDGEMENT. The Developer acknowledges that approval of installation of the Improvements does not constitute a guarantee by the City of any future subdivision approvals and that the Developer performs the work on the Subject Property at its own risk. 19. RESPONSIBILITY FOR COSTS. A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subject Property, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval of the site plan, the preparation of this Agreement, review of any other plans and documents. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from site approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. Notwithstanding anything contained within this Section 21(B), Developer shall not be obligated to indemnify or defend the City from and against claims based on any negligence or willful misconduct by the City, its employees, agents or contractors, or the failure of the City to act in accordance with City ordinances and other applicable laws. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. Bills not paid within thirty (30) days shall accrue interest at the rate of eight percent (8%) per year. 20. MISCELLANEOUS. A. Third parties shall have no recourse against the City under this Agreement. B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 8 Four Square Early Learning Center 211992v5 C. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. D. This Agreement shall run with the land and may be recorded against the title to the Subject Property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the Subject Property and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the Subject Property; that there are no unrecorded interests in the Subject Property; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. F. Breach of the terms of this Agreement by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits and certificates of occupancy, and the halting of all work on the Subject Property. G. The Developer represents to the City that the development complies with all City, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the development does not comply, the City may, at its option, refuse to allow construction or development work in the development until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. 9 Four Square Early Learning Center 211992v5 21. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than ten (10) days in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the Subject Property. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 22. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 19846 Denali Court, Farmington, Minnesota 55024. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. {The remainder of this page is intentionally left blank. Signature pages to follow.} 10 Four Square Early Learning Center 211992v5 CITY OF LAKEVILLE BY: __________________________________________ Douglas P. Anderson, Mayor (SEAL) AND __________________________________________ Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2021, by Douglas P. Anderson and by Charlene Friedges, respectively the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC LAKEVILLE SENIOR HOUSING SITE PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700LEGEND:SITE NOTES:SITE DATA:19,000 S.F.26,600 S.F.16,680 S.F.SENIOR LIVING SPACEDAYCARECROSSROADSCHURCHSCHOOLDAYCARE CIC45,379 S.F.PARCELSENIOR LIVING CIC49,661 S.F.PARCELGREENSPACE CIC47,742 S.F.PARCELPARKING CIC60,289 S.F.GLACIERGLASGOWAVENUEWAY178THSTREET WEST177THSTREET WESTLOT 1EXHIBIT G