City Council Resolution 2023-39CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION 2023-39
Date J �' l ��� Resolution No. Z 3 ".3 1
Motion B OG� Seconded B
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RESOLUTION DECLARING A DEFAULT UNDER
THE DEVELOPMENT CONTRACT AND PLANNED UNIT
DEVELOPMENT AGREEMENT FOR HAVEN RIDGE
WHEREAS, the City of Monticello, a Minnesota municipal corporation ("City") and Haven
Ridge L.L.C., a Minnesota limited liability company ("Developer") entered into a Development
Contract and Planned Unit Development Agreement dated January 13, 2020 and recorded
September 24, 2020 as Wright County Document No. A1441549 regarding the plat of Haven Ridge
("Agreement") for property legally described on Exhibit "A" attached hereto ("Property"); and
WHEREAS, after notice given by the City to the Developer, and providing an opportunity
for the Developer to cure the defaults as required under the Agreement, the Developer has
failed to make, or complete, the required public improvements to the Property or take any
steps necessary to commence construction of the required public improvements and has been
unresponsive to City staff's attempts to communicate and to promptly complete the project;
and
WHEREAS, the public improvements in default of the Agreement are listed on Exhibit
"B" attached hereto; and
WHEREAS, in light of this default, City staff, in conjunction with the City Attorney, has
taken the steps necessary for the City Council to declare a default under the Agreement in
order to request a draw under VisionBank's Irrevocable Letter of Credit; and
WHEREAS, after evaluating its options, the City Council of the City of Monticello has
determined it to be in the City's and the public's best interest to declare a default under the
Agreement and draw on the Irrevocable Letter of Credit in order for the City to bring the public
improvements into compliance with the Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monticello
hereby declares a default under the terms of the Agreement and that the City shall request a
"Draw Under Vision Bank Irrevocable Letter of Credit No. 1015 dated September 11, 2020." The
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City Administrator and the City Attorney are hereby directed to take all necessary steps to cure
the defaults, construct the improvements, and to ensure the City's fees, costs and expenses are
reimbursed via the Draw on the Irrevocable Letter of Credit with VisionBank.
PASSED AND DULY ADOPTED by the City Council of the City of Monticello, Minnesota,
this 81" day of May, 2023.
CITY OF MONTICELLO
By:
Lloyd Hilgart, Mayo
ATTEST:
It
)Jenifer hr r, City Clerk
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EXHIBIT "A"
TO
RESOLUTION 2023-39
Legal Description:
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, Block 1, Haven Ridge, according to the recorded
plat thereof, Wright County, Minnesota.
And
Lots 1, 21 3, 4, 51 61 7, 81 9, 101 11, 129 13, Block 2, Haven Ridge, according to the recorded plat
thereof, Wright County, Minnesota.
And
Outlots D, E, F, G, H, I, J, K and L, Haven Ridge, according to the recorded plat thereof, Wright
County, Minnesota.
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EXHIBIT "B"
TO
RESOLUTION 2023-39
Public Improvements to be Completed:
• Replace damaged pavement patches around manholes (some were installed too high and
may be able to be milled down)
• Replace damaged curb and gutter
• Remove damaged pavement in front of replaced curb and patch asphalt
• Topsoil and reseed behind curb that was replaced
• Install concrete ADA pedestrian ramp at 85th street per plan
• Edge mill temporary pavement taper on Farmstead west of Fallon
• Pave wear course for entire project
• Several washouts were repaired in the stormwater basins and seeded in late fall of 2022,
will need to be reseeded if vegetation does not emerge this spring
• Install sand section and draintile for Filtration Basin 100 as shown on the plans, basin has
only been rough graded
• Replace patch for settlement crack near manhole 2
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