Agenda - Council - 12/13/2016 - Laserfiche WebLink

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Y S WHEREAS, on December 14, 2010, pursuant to Resolution No. 10-12-271, the CITY approved the final plat of the Property, which plat is known as ALPHA DEVELOPMENT (the "Plat"), which approval is contingent on certain requirements, including PERMITTEE and the CITY entering into this Contract; and WHEREAS, the CITY requires that certain improvements be constructed on the Property, which improvements (collectively, the "Improvements") are defined in this Contract and consist of the Stage I Improvements and the Stage II Improvements; and WHEREAS, PERMITTEE has requested, and the CITY has agreed, to cause certain Stage I Improvements to the Property to be constructed by and with financial participation by the CITY through a Minnesota Statutes Chapter 429 and City Charter assessment process; and WHEREAS, PERMITTEE desires to construct certain Stage I and Stage II Improvements in accordance with the Plat and plans approved by PERMITTEE and the CITY; and WHEREAS, PERMITTEE understands that the CITY will expend no CITY funds until PERMITTEE has complied with the relevant escrow requirements in the Code of Ordinances of the CITY. WHEREAS, the PERMITTEE has proposed to construct a single buildable lot public/quasi public development. WHEREAS, the PERMITTEE has proposed to construct a K-12 private school and that the CITY has had a long standing strategic goal to increase the educational opportunities within the community. NOW, THEREFORE,the CITY and PERMITTEE agree as follows: 1. Conditions of Approval. The CITY hereby approves the Plat on condition that PERMITTEE provide the necessary security in accordance with the terms of this Contract pursuant to the City Code and agrees to the Assessment Agreement as defined below in paragraph#5. 2. Permittee Plans. PERMITTEE shall develop the Property in accordance with the Permittee Plans. The Permittee Plans as they currently exist were prepared by Anderson Engineering, are dated September 3, 2010 and revised November 1, 2010 with revisions as required by the City Staff Review Letter dated December 8, 2010, are in the files of the CITY and consist of the following: Final Plat Plan, Utility Plans; Sanitary Sewer and Watermain Construction; Storm Sewer and Street Construction; Grading, Erosion Control and Details; Landscape Plan and Tree Inventory. The Permittee Plans shall not be amended without the consent of the CITY. 3. Stage I Improvements. The"Stage I City Improvements", consist of the following: a. Extension of sanitary sewer along the west side of Armstrong Boulevard from just north of Sunwood Drive to Bunker Lake Boulevard; ALPHA DEVELOPMENT/Legacy Christian Academy Development Contract Page 2 of 16