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City Council Resolution 2023-64CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-64 RESOLUTION APPROVING ASSIGNMENT OF PLAT AND PUD AND DEVELOPMENT CONTRACT AND PLANNED UNIT DEVLEOPMENT AGREEMENT FOR HAVEN RIDGE 2nd ADDITION WHEREAS, the City approved the Final Plat and Planned Unit Development of Haven Ridge 2nd Addition, with companion Development Contract and Planned Unit Development Agreement for Haven Ridge 2nd Addition providing for the specific terms and conditions for plat development and public improvements; and WHEREAS, the City of Monticello, Minnesota (the "City") and Haven Ridge, LLC, a Minnesota limited liability company (the "Developer"), have previously entered into a Development Contract and Planned Unit Development Agreement ("the Contract and Agreement") for Haven Ridge 2nd Addition; and WHEREAS, pursuant to the terms of the Development Contract and Planned Unit Development Agreement, the Developer has requested that the City assess payment of certain per lot fees in the plat of Haven Ridge 2nd; WHEREAS, the City approved the Developer's request and the parties have agreed to assess payment of the per lot fees and assess those fees pursuant to the terms of the Development Contract and Planned Unit Development Agreement; WHEREAS, (Developer) requested the City consent to the assignment of the Contract and Agreement to Tamarack Land — Haven Ridge, LLC, a Minnesota limited liability company (the "Successor Developer"). NOW, THEREFORE, BE /T RESOLVED, that the City Council of the City of Monticello, Minnesota hereby approves the requested Assignment, and authorizes the Mayor and Clerk to execute documents necessary to effectuate the Assignment upon submission by the Successor Developer of all escrows and financial securities required under the Contract and Agreement, subject to the following conditions: 1. Compliance with the conditions listed in Resolutions 2022-85 for approval of the Final Plat and Development Agreement for Haven Ridge 2nd Addition and Resolution 2022-86 for approval of the Final Stage PUD for Haven Ridge 2nd Addition, both approved on July 25, 2022. 2. The Developer shall execute and record the plat and updated Development Agreement and Planned Unit Development Contract for the proposed Haven Ridge 2nd Addition plat, including updates to estimated construction costs, required CITY OF MONTICELLO WRIGHT COUNTY, MINNNESOTA RESOLUTION NO. 2023-64 securities, trunk area charges based on prevailing 2023 rates, and any necessary consents. Such updates and consents shall be subject to the comments of the City Attorney. 3. The Developer shall comply with required and approved wetland permits as related to the proposed plat, and with those comments of the City Engineer related to wetland mitigation, buffers, and restoration, with any substantive changes or alterations resulting from compliance requiring a plat amendment. 4. The Developer shall supply the required securities as detailed within the development agreement for wetland review, inspection and management. 5. For lots impacted by wetland buffers, at the time of building permit, applicants shall submit a lot survey that shows the buffer in addition to the conservation easements. 6. The Developer shall provide legal descriptions, exhibits and legal descriptions for all conservation easements and wetland buffers, which shall be recorded against all applicable lots and marked with posts within the development. 7. The applicant is required to address any remaining comments of the EAW which are applicable as on -going conditions. 8. Compliance with issues related to grading, drainage and utilities are subject to comment and recommendation by the City Engineer, according to the Engineer's letter dated August 11, 2022 including subsequent review comments corresponding to plan changes. 9. Consideration of comments of other City Staff. ADOPTED this 10th day of July 2023, by the City Council of the City of Monticello, Minnesota. dJeA Onifer hre r, City Clerk MONTICELLO CITY COUNCIL B 1 Lloyd Hilga ayor 2