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CHAPTER 61 - LOT AND SITE DEVELOPMENT APPROVAL PROCEDURES

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61.250 DEVELOPMENT AGREEMENTS

61.251 Completion of Improvements:

  Subdivision 1.  Except as provided in Section 61.252 and before the final plat is recorded, all applicants shall be required to complete, to the satisfaction of the City Engineer, all on-site or off-site public or private facility improvements of the subdivision or addition as required by these regulations.     

          Subd. 2.  When an applicant provides all on-site or off-site public or private facility improvements prior to recording a plat for only a portion of contiguous land holdings or one phase of a multi-phase development, or any portion of a City-initiated and approved general development plan, the City, as a condition accompanying Final Plat approval, shall require the applicant to:  

1. deposit in escrow a deed describing by metes and bounds and conveying to the City all street rights-of-way, easements and public land required by these regulations for subsequent phases of the development; or
   
2. execute a development agreement pursuant to Section 61.252 that guarantees the completion and performance of all required on-site and off-site private or public facility improvements for subsequent phases of the development.

                          Subd. 3.  In the event the applicant is unable or unwilling to complete the required improvements in accordance with the city/owner contract, and such improvements are deemed necessary for the preservation of the public health and safety, the City may compel the delivery of the deed and guarantees in order to complete the improvements as required.

61.252 Development Agreement and Guarantee of Completion of Public Improvements:

1. The cash escrow, surety bond or letter of credit shall be in an amount estimated by the City Engineer as reflecting 120 percent of the cost of the improvements in the approved construction plan and shall be sufficient to cover all promises and conditions contained in the Development Agreement.Development Agreement:  The City Council may waive the requirement for the completion of required improvements established in Section 61.251 if the applicant enters into a Development Agreement by which the applicant covenants and agrees to complete all required on-site and off-site public improvements no later than two (2) years following the date upon which the final plat is recorded.  Such two-year period may be extended for up to an additional two (2) years upon its expiration at the discretion of the City Engineer.  The City Engineer may require the applicant to complete and dedicate some required public improvements prior to approval of the final plat and to enter into a Development Agreement for completion of the remainder of the required improvements during such two‑year period.  The City Attorney shall approve any Development Agreement as to form.  Required improvements shall be reasonably related to the subdivision and the City Council shall adopt findings of fact establishing such reasonable relationship.
2. Covenants to Run with the Land:  The Development Agreement shall provide that the covenants contained therein shall run with the land and bind all successors, heirs and assignees of the applicant.  The Development Agreement shall be recorded by the City with the County Recorder.  All existing lien holders shall be required to consent to subordinate their liens to the provisions contained in the Development Agreement.
3. Performance Security:
   1. Whenever the City permits an applicant to enter into a Development Agreement, the applicant shall be required by the City to provide sufficient security to ensure completion of the required public improvements.  The security shall be in the form of a cash escrow, a surety bond, or letter of credit.
   2. The cash escrow, surety bond or letter of credit shall be in an amount estimated by the City Engineer as reflecting 120 percent of the cost of the improvements in the approved construction plan and shall be sufficient to cover all promises and conditions contained in the Development Agreement.
   3. In addition to all other security, when the City participates in the cost of an improvement, the applicant shall provide a performance bond from the contractor, with the City as a co-obligee.
   4. The issuer of any surety bond or letter of credit shall be subject to the approval of the City Attorney.
   5. If security is provided in the form of a cash escrow or letter of credit, the applicant shall deposit with the City Director of Finance, a cash amount or certified check endorsed to the escrow agent for a face value in an amount not less than the amount specified by the City Engineer.
   6. The surety bond, cash escrow account or letter of credit shall accrue to the City for administering the construction, operation and maintenance of the improvements.
   7. Where oversized facilities are required by the City, the City and    applicant shall specify a cost sharing/reimbursement procedure in the Development Agreement.

61.253 Maintenance of Improvements:

The applicant shall guarantee the improvements against defects in construction and materials for a period of two (2) years from the date of City acceptance of such improvements.

61.254 Temporary Improvements:

The applicant shall construct and pay for all costs of temporary improvements required by the City and shall maintain said temporary improvements for the period specified.

61.255 Timing of Development Agreement:

If the eventual platting of the area involves approval of a Type III Land Subdivision Permit, the Council may approve any required or voluntary development agreement concurrently with or following approval of the General Development Plan, but may not approve any development agreement prior to its approval of the General Development Plan. next page  

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