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IV.5. 425 Madison Avenue North - Second reading of Ordinance 2021-1167, Planned Unit Development Agreement and Final Plat; LindahlMEMO To: Honorable Mayor and City Council From: Jason Lindahl, City Planner Date: April 20, 2021 Subject: 425 Madison Avenue North - Second reading of Ordinance 2021-1167, Planned Unit Development Agreement and Final Plat Proposed Action Staff recommends the City Council approve the following motions: • Move to adopt Resolution 2021-021 approving the second reading of Ordinance 2021-1167 rezoning the subject property (PID 19-117-21-22-0034) from R-1-C, Single Family Medium Density to R-1-C, Single Family Medium Density with a Planned Unit Development (PUD), subject to conditions. • Move to approve the Yang Addition Planned Unit Development (PUD) Agreement and authorize the Mayor and City Manager to enter into this agreement. • Move to adopt Resolution 2021-019 approving the final plat for the Yang Addition, subject to the conditions. Overview The applicant, Xijing Zhang, requests approval of the second reading of Ordinance 2021-1167, the corresponding planned unit development agreement and final plat for Yang Addition. The subject property is located at 425 Madison Avenue North, just east of Highway 169 between Highway 7 and 2nd Street Northeast. These applications would finalize the subdivision of the existing 1.48 acre single family property into two single family lots and rezone the new properties from R-1-C, Single Family Medium Density to R-1-C, Single Family Medium Density with a Planned Unit Development (PUD). The proposal would keep the existing single family home on one property and create another parcel for future single family development. The City Council approved the first reading of this rezoning ordinance and preliminary plat on April 6, 2021. Prior to that action, the Planning & Zoning Commission held a public hearing to review these items and recommended approval by the City Council on March 23, 2021. Should the City Council approve the second reading of this ordinance, the planned unit development agreement and the final plat for Yang Addition it would finalize the subdivision, rezone the new properties to R-1-C, Single Family Medium Density with a Planned Unit Development (PUD) and authorize Mayor and City Manager to enter into this agreement. Supporting Documents • Site Location Map • Resolution 2021-021 Rezoning Second Reading • Ordinance 2021-1167 • Yang Addition Planned Unit Development Agreement • Resolution 2021-18 Preliminary Plat - Signed • Resolution 2021-19 Final Plat • Plat Opinion for Yang Addition • Preliminary Plat • Final Plat Site Location Map for 425 Madison Avenue North Subject Property CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2021-021 A RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2021-1167 REZONING THE PROPERTY AT 425 MADISON AVENUE NORTH WITH PID 19-117-21-22- 0034 FROM R-1-C, SINGLE FAMILY MEDIUM DENSITY TO R-1-C, SINGLE FAMILY MEDIUM DENSITY WITH A PLANNED UNIT DEVELOPMENT (PUD), SUBJECT TO CONDITIONS WHEREAS, the applicant, Xijing Zhang, initiated an application requesting to rezone the property at 425 Madison Avenue North with PID 19-117-21-22-0034 from R-1-C, Single Family Medium Density to R-1-C, Single Family Medium Density with a Planned Unit Development (PUD), subject to conditions, and WHEREAS, this property is legally described as follows: OUTLOT NO 1 CAMPBELL THIRD ADDITION AND BEG AT A PT ON S LINE OF N 1/2 OF NW 1/4 DIST 1214.03 FT W FROM SE COR THOF TH N AT R/AS 200 FT TH W AT R/AS TO E LINE OF GN RR R/W TH SWLY ALONG SAID R/W LINE TO S LINE OF N 1/2 OF NW 1/4 TH E TO BEG EX ROAD WHEREAS, the procedural history of the application is as follows: 1. That the above stated application was initiated by the applicant on February 19, 2021; and, 2. That the Hopkins Planning & Zoning Commission, pursuant to published and mailed notice, held a public hearing on the application and reviewed such application on March 23, 2021 and all persons present were given an opportunity to be heard; and, 3. That written comments and analysis of City staff were considered; and, 4. That the Hopkins Planning & Zoning Commission reviewed this application during their March 23, 2021 meeting and recommended approval by the City Council, subject to conditions; and 5. That the Hopkins City Council reviewed this application during their April 6, 2021 meeting, and, during said meeting, adopted Resolution 2021-019 approving the First Reading of Ordinance 2021-1167. WHEREAS, staff recommended approval of the above stated application based on the findings outlined in the staff report dated April 6, 2021. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves the second reading of Ordinance 2021-1167 rezoning the property at 425 Madison Avenue North with PID 19-117-21-22-0034 from R-1-C, Single Family Medium Density to R-1-C, Single Family Medium Density with a Planned Unit Development (PUD), subject to the conditions listed below. 1. Execution of a Planned Unit Development Agreement in a form acceptable to the City Attorney. 2. Approval of the associated preliminary plat and conformance with all related conditions. 3. Approval of the associated final plat and conformance with all related conditions. 4. Approval of the development by the Minnehaha Creek Watershed District and conformance with all related conditions. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Hopkins that upon each of the aforementioned conditions being satisfied, City staff shall publish Ordinance 2021-1167 so that it takes effect and updates the City's official zoning map to reflect the rezoning of the Property memorialized therein. Adopted by the City Council of the City of Hopkins this 20th day of April, 2021. By:_________________________ Jason Gadd, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk 1 CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2021-1167 AN ORDINANCE REZONING THE PROPERTY AT 425 MADISON AVENUE NORTH WITH PID 19-117-21-22-0034 FROM R-1-C, SINGLE FAMILY MEDIUM DENSITY TO R- 1-C, SINGLE FAMILY MEDIUM DENSITY WITH A PLANNED UNIT DEVELOPMENT (PUD) THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: 1. That the present zoning classification of R-1-C, Single Family Medium Density, upon the following described premises is hereby repealed, and in lieu thereof, said premises is hereby zoned to R-1-C, Single Family Medium Density with a Planned Unit Development (PUD). 2. The legal description of the property to be rezoned is as follows: OUTLOT NO 1 CAMPBELL THIRD ADDITION AND BEG AT A PT ON S LINE OF N 1/2 OF NW 1/4 DIST 1214.03 FT W FROM SE COR THOF TH N AT R/AS 200 FT TH W AT R/AS TO E LINE OF GN RR R/W TH SWLY ALONG SAID R/W LINE TO S LINE OF N 1/2 OF NW 1/4 TH E TO BEG EX ROAD First Reading: April 6, 2021 Second Reading: April 20, 2021 Date of Publication: April 29, 2021 Date Ordinance Takes Effect: April 29, 2021 ________________________ Jason Gadd, Mayor ATTEST: __________________________ Amy Domeier, City Clerk 1 HP145-74-713917.v1 YANG ADDITION PLANNED UNIT DEVELOPMENT AGREEMENT THIS PLANNED UNIT DEVELOPMENT AGREEMENT (“Agreement”) is made this ___ day of _______________, 2021, by and between the CITY OF HOPKINS, a Minnesota municipal corporation (the “City”), and Junhui Yang and Xijing Zhang, married to each other (collectively, the “Developer”). Recitals A. The Developer is fee owner of certain real estate located in the City of Hopkins, Hennepin County, Minnesota, legally described as (See EXHIBIT A) (the “Property”). B. On April 20, 2021, to facilitate additional single-family residential development in the City and pursuant to a request by the Developer, the City approved a rezoning of the Property to R- 1-C/Planned Unit Development, per Ordinance 2021-_____ (the “Rezoning Ordinance”). C. The City has also approved both preliminary plat and final plat of YANG ADDITION (the “Plat”) to facilitate such development, pursuant to City Council Resolution 2021- ____, adopted on April 6, 2021, and Resolution 2021-____, adopted on April 20, 2021 (collectively, the “Plat Resolutions”). D. The Rezoning Ordinance and the Plat Resolution shall be collectively referred to herein as the “City Approvals.” E. As a condition of the City Approvals, and to secure the benefits of the requested planned unit development (“PUD”), the City required the Developer to enter into this Agreement, and the parties hereto desire and are willing to subject the Property to the terms and conditions provided herein. Agreement 2 HP145-74-713917.v1 In consideration of each party’s promises as set forth in this Agreement, it is mutually agreed as follows: ARTICLE ONE REPRESENTATIONS AND WARRANTIES 1.01. City Representations and Warranties. The City makes the following representations as the basis for the undertakings on its part contained herein: A. The City is a municipal corporation under the laws of Minnesota. B. The City has the right, power, and authority to execute, deliver, and perform its obligations under this Agreement. 1.02. Developer Representations and Warranties. The Developer makes the following representations as the basis for the undertakings on its part contained herein: A. The Developer, as fee owner of the Property, has the right, power, and authority to execute, deliver, and perform its obligations under this Agreement and to otherwise subject the Property to the terms and conditions contained herein. B. The Developer is not in default under any lease, contract, or agreement to which it is a party or by which it is bound which would affect its performance under this Agreement. The Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment, or decree which would prohibit the execution or performance of this Agreement by the Developer or prohibit any of the transactions provided for in this Agreement. C. The Developer has complied with and will continue to comply with all applicable federal, state and local statutes, laws, ordinances, and regulations including, without limitation, any permits, licenses, and applicable zoning, environmental, or other laws, ordinances, or regulations affecting the Property. The Developer is not aware of any pending or threatened claim of any such violation. Without limitation of the foregoing, the Developer expressly acknowledges and agrees that it has and shall at all times comply with each and every provision of the City’s subdivision, zoning, and other related municipal code regulations. D. There is no suit, action, arbitration, or legal, administrative, or other proceeding, or governmental investigation pending or threatened against or affecting the Developer or the Property. The Developer is not in default with respect to any order, writ, injunction, or decree of any federal, state, local or foreign court, department, agency, or instrumentality. E. None of the representations and warranties made by the Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by the Developer or on its behalf contains or will contain any untrue statement of material fact or omits any material fact, the omission of which would be misleading. 3 HP145-74-713917.v1 ARTICLE TWO ADDITIONAL PROVISIONS 2.01. Private Improvements. The Plat, upon recordation, will create two single-family residential lots, one of which already contains a single-family home and another which will be vacant. The Developer has no immediate plans for constructing additional private improvements on the Property but has indicated a willingness to further subdivide the vacant parcel in the future and understands that any future subdivision shall be processed in accordance with any and all then- current rules, laws, ordinances, and regulations and there is no guarantee that any such future subdivision will be approved. A. Permits/Approvals. When any private improvements are to be constructed on the Property, the Developer shall be obligated to obtain any approvals from the City or third parties with jurisdiction that are otherwise necessary, including, but not necessarily limited to, building permits and right-of-way excavation permits. All utilities to serve new construction shall be installed in accordance with plans prepared by a licensed engineer, which shall be subject to review and approval by the City’s engineering department, and all privately owned utility connections shall be located entirely on the individual lot served unless proof that appropriate easements are provided to the City, approved by the city attorney, and recorded against the respective lots. B. Access; Driveway Relocation. Once platted, the driveway that currently provides access to the existing single-family home on what will be Lot 2, Block 1, YANG ADDITION (“Lot 2”), will be partially located on Lot 1, Block 1, YANG ADDITION (“Lot 1”). Prior to conveying any portion of the Property to third parties or constructing any additional private improvements on the Property, the Developer agrees to relocate the driveway and curb cut providing access to Lot 2 so that it is entirely located on Lot 2. The Developer agrees and acknowledges that no building permits may be issued for any improvements on the Property until the completion of said driveway relocation. C. Easements. At the time of any future improvements on the Property, the City may require the Developer to dedicate any private easements necessary for access, utilities, or otherwise, consistent with the requirements contained in this section 2.01. The Developer shall comply with said requirements to ensure that all lots on the Property have perpetual rights for access and privately owned utility services. 2.02. Platting Requirements. The Developer shall plat the Property as YANG ADDITION consistent with the City Approvals, the Hopkins City Code, state statutes, and this Agreement. The Developer shall cause the final plat of YANG ADDITION to be recorded with the Hennepin County Recorder/Registrar of Titles and provide the City with a reproducible Mylar copy of said Plat. 2.03. Title Work/Consent/Attorney Review. Prior to recording the Plat with Hennepin County, the Developer shall provide an updated and certified Abstract of Title and/or Registered Property Abstract as required by Minn. Stat. § 505.03 or, in the alternative, the Developer must provide a Commitment for a Title Insurance Policy for the Property naming the City as the proposed insured. The above-referenced title work shall identify any other entity with a legal interest in the Property, 4 HP145-74-713917.v1 including but not limited to any entity with a mortgage interest, easement interest, etc. Prior to recording the Plat with Hennepin County, the Developer agrees to provide the City with a signed consent from any other entity with a legal interest in the Property, including but not limited to any entity with a mortgage interest. The above-mentioned evidence of title shall also be subject to the review and approval of the city attorney to determine what entities must execute the Plat and other documents to be recorded against the Property. In the event the Developer provides the City with a Commitment for a Title Insurance Policy, the Developer shall cause a Title Insurance Policy to be issued consistent with the Commitment for a Title Insurance Policy provided by the Developer and the requirements of the city attorney and with an effective date on which the Plat is recorded (the City will not issue any building permits or certificates of occupancy until it is provided with said Title Insurance Policy). Further, the Developer shall provide the City with evidence, which sufficiency shall be determined by the City, in its sole discretion, that all documents required to be recorded pursuant to this Agreement and by the city attorney are recorded and all conditions for release of the Plat have been met prior to the City processing or approving any building permits or other permits applicable to the development of the Property. The City Council’s approval of the Plat contemplated by the Plat Resolutions and this Agreement is subject to the Developer’s compliance with this section. 2.04. Plat Clean-up. The parties acknowledge that various potential clean-up issues associated with the Plat may need to occur. The Developer agrees to undertake, assist with and resolve such issues as directed by the City. The Developer agrees to cooperate regarding any reasonable requests made subsequent to the execution of this Agreement to revise or correct any errors in the Plat and to provide any and all additional documentation deemed necessary by either party to effectuate such revisions or corrections to the Plat. 2.05. Additional Requirements. The Developer shall satisfy, complete and abide by all requirements set forth in the City Approvals, the city attorney’s plat opinion, and any other adopted City ordinances and resolutions affecting the Property, all of which are incorporated herein by reference as if fully set forth in this Agreement. In addition, the Developer shall adequately address all items as may be directed by the city attorney, the city engineering department, or others with review and approval authority for the City. 2.06. Zoning/PUD. Pursuant to the Rezoning Ordinance, the Property was rezoned to R-1- C/Planned Unit Development, which was necessary to allow for certain deviations to the City’s zoning regulations. Specifically, those deviations include the ability to create two lots which do not meet R-1-C requirements for lot frontage and lot width, along with the resulting detached garage on Lot 2 that will be located in the lots front yard. In order to secure the benefits and advantages of the approved PUD, the Developer and its successors and assigns are required to adhere to all requirements contained in this Agreement, which shall be recorded against the Property and will run with the land. 2.07. Permits. The Developer shall obtain any and all permits and approvals from third parties which may be necessary before proceeding with construction of any private improvements on the 5 HP145-74-713917.v1 Property. Said third parties may include the Minnehaha Creek Watershed District, the Minnesota Pollution Control Agency, the Minnesota Department of Natural Resources, the Minnesota Department of Health, the Minnesota Department of Transportation, and any other agency having jurisdiction over the Property. 2.08. Property Monumentation. The Developer further agrees to install permanent subdivision monumentation within one year from the date of recording of the Plat. At the end of the one-year period, the Developer shall submit to the City written verification by a registered land surveyor that the required monuments have been installed throughout the Plat. 2.09. Park Dedication Fees/Dedications. Without limitation of any other obligation of the Developer contained in this Agreement or set forth in federal, state, or local law, and in accordance with the PUD, the Developer agrees to provide the City with a payment in lieu of a park dedication in the amount of $2,000, to be paid prior to the City’s execution and release of the Plat for recording. 2.10. Payment of City Costs. The Developer agrees to reimburse the City its actual costs regarding: (i) preparing and administering this Agreement and all other documents, permits, and applications related thereto; and (ii) processing the Plat of YANG ADDITION and all land use approvals relating to the Property. In addition to and without limitation of the foregoing, the costs to be reimbursed by the Developer to the City shall include, but not be limited to, attorneys’ fees, engineering fees, inspection fees, and the costs and fees of other technical and professional assistance (including but not limited to the cost of City staff time) incurred or expended by the City on activities arising out of this Agreement, and other undertakings related thereto. The Developer shall, upon execution of this Agreement, deposit with the City the amount of $2,500 to be applied to payment of the costs described in this section 2.10, provided that if such costs exceed this amount, the Developer shall, upon demand by the City, pay such additional costs to the City within 10 days of such demand, and provided further that the amount by which this deposit exceeds the City’s actual costs, if any, shall be returned to the Developer. All costs to date shall be reimbursed prior to the City’s execution and release of the Plat for recording. In the event the City does not recover its costs under the provisions of this section 2.10, as an additional remedy, the City may, at its option, assess the Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, section 429.081, provided the amount levied, together with the funds deposited with the City under this section, does not exceed the expenses actually incurred by the City. Further, the City may, at its option, as an additional remedy, recover expenses actually incurred by the City, in the manner provided by Minnesota Statutes, section 415.01, 366.011 and 366.012, and the Developer hereby consents to the levy of such assessments without notice or hearing and waives its rights to appeal such assessments pursuant to such Minnesota Statutes, provided the amount levied, together with the funds deposited with the City under section 2.10, does not exceed the expenses actually incurred by the City pursuant to this Agreement. This section 2.10 shall survive any termination of this Agreement and shall be binding on the Developer regardless of the enforceability of any other provision of this Agreement. 6 HP145-74-713917.v1 2.11. Agreement to Run with Land. This Agreement shall be recorded among the land records of Hennepin County, Minnesota. The provisions of this Agreement shall run with the Property and be binding upon the Developer and its assigns or successors in interest. Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve the Developer or its successors or assigns of their liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. Any reference in this Agreement to the Developer shall also apply to the Developer’s successors or assigns which may come into title to the Property through conveyance or otherwise. 2.12. Representatives Not Individually Liable. No official, agent, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 2.13. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the Developer: __________________________ __________________________ __________________________ (b) as to the City: City of Hopkins 1010 1st Street South Hopkins, MN 55343 Attn: City Manager with a copy to: Scott J. Riggs, City Attorney Kennedy & Graven, Chartered 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section 2.13. 2.14. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Developer. 2.15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 2.16. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to 7 HP145-74-713917.v1 this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 2.17. Indemnification. The City, its officials, agents, and employees shall not be liable or responsible in any manner to the Developer, the Developer’s successors or assigns, the Developer’s contractors or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance of this Agreement. The Developer, and the Developer’s successors or assigns, agree to protect, defend and save the City, and its officials, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys’ fees, consulting engineering services, and other technical, administrative, or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466 or otherwise. This section 2.17 shall survive any future termination of this Agreement and shall be binding on the Developer regardless of the enforceability of any other provision of this Agreement. 2.18. Developer’s Default. In the event of default by the Developer as to any work or undertaking required by this Agreement, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek an order from any court for permission to enter the Property for such purposes. If the City does any such work, the City may, in addition to its other remedies, levy special assessments against the lots within the Plat to recover the costs thereof. For this purpose, the Developer, for itself and its successors and assigns, expressly waives any and all procedural and substantive objections to the special assessments, including, but not limited to, hearing requirements and any claim that the assessments exceed the benefit to the land so assessed. The Developer, for itself and its successors and assigns, also waives any appeal rights otherwise available pursuant to Minnesota Statutes, section 429.081. 2.19. Compliance with Existing Laws. The Developer warrants that all work performed pursuant to this Agreement shall be in compliance with existing laws, ordinances, pertinent regulations, standards, and specifications of the City. 2.20. Building Permits. All City approvals regarding the Property do not include express or implied approval of a building permit for any structures on the Property. The Developer must submit and the City must approve building plans prior to an application for a building permit for a structure on any lot within the Plat, and the issuance of said permits shall be subject to adherence to the terms contained herein. The Developer or the parties applying for the building permit shall be responsible for payment of the customary fees associated with the building permits and other deferred fees as specified in this Agreement. 2.21. City’s Access. The Developer hereby grants the City, its agents, employees, officers and contractors a non-revocable license to enter the Property to perform any work and inspections deemed appropriate by the City related to this Agreement or any rights afforded to the City herein. 8 HP145-74-713917.v1 2.22. Miscellaneous Provisions. A. The Developer represents to the City that the development of the Property and the Plat will comply with all city, county, state, and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision, Plat, or the development of the Property does not comply, the City may, at its option, refuse to allow construction or development work on the Property until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of any term of this Agreement by the Developer shall be grounds for denial of building permits, including on lots that have been sold to third parties. D. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other related document. E. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term, or condition may be waived again. 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 and signed by the parties. The City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. F. 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 the 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 exciting 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. G. This Agreement, together with the recitals and exhibits hereto, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, pertaining to the subject matter of this Agreement. Any amendment to this Agreement must be in writing and signed by both parties. H. No official, agent, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City on any 9 HP145-74-713917.v1 obligation or term of this Agreement. I. Data provided to the Developer or received from the Developer under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. J. The recitals set forth in the preamble to this Agreement and the exhibits attached to this Agreement are incorporated into this Agreement as if fully set forth herein. [The remainder of this page to remain intentionally blank]. 10 HP145-74-713917.v1 IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. THE CITY: By: ____________________________________ Jason Gadd Mayor By: ____________________________________ Michael Mornson City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2021, by Jason Gadd and Michael Mornson, the Mayor and City Manager, respectively, of the City of Hopkins, a Minnesota municipal corporation, on behalf of the City. ____________________________________ Notary Public 11 HP145-74-713917.v1 THE DEVELOPER: By: ___________________________________ Junhui Yang By: ___________________________________ Xijing Zhang STATE OF MINNESOTA ) ) SS. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2021, by Junhui Yang and Xijing Zhang, married to each other. __________________________________ Notary Public This document drafted by: KENNEDY & GRAVEN, CHARTERED 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 12 HP145-74-713917.v1 MORTGAGEE CONSENT TO PLANNED UNIT DEVELOPMENT AGREEMENT U.S. Bank National Association, which holds a mortgage on the Property, which is governed by the foregoing Planned Unit Development Agreement, agrees that the Planned Unit Development Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____day of _____________, 2021. By: ____________________________ Its: ____________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2021, by ______________________, the ___________________ of U.S. Bank National Association, on behalf of said entity. __________________________________ Notary Public A-1 HP145-74-713917.v1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The land to which this Agreement applies is legally described as follows: Par 1: That part of the North Half of the Northwest Quarter of Section 19, Township 117, Range 21, described as follows: Commencing at the intersection of the South line of said North Half of the Northwest Quarter and the Easterly line of right of way of the Great Northern Railway; thence East along said South line of the North Half of the Northwest Quarter of Section 19, a distance of 353 feet to a point, at which point there is an iron stake and which point is distant 1214.3 feet West of the Southeast corner of the Northeast Quarter of the Northwest Quarter of said Section 19; thence at right angles North a distance of 200 feet; thence at right angles West a distance of 277.25 feet more or less to the Easterly right of way line of the Great Northern Railway; thence Southwesterly along said Easterly right of way line to the point of beginning; except that part thereof embraced within the plat of Campbell Third Addition. Par 2: That part of Madison Avenue North as shown and dedicated in the plat of Campbell Third Addition, embraced within the North Half of the Northwest Quarter of Section 19, Township 117, Range 21. Par 3: Outlot 1, Campbell Third Addition. Property is Torrens Torrens Certificate No. 1454765 PID: 19-117-21-22-0034 [To be platted as Lots 1 and 2, Block 1, Yang Addition, Hennepin County, Minnesota) CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2021-019 A RESOLUTION APPROVING THE FINAL PLAT FOR YANG ADDTION WHEREAS, the applicant, Xijing Zhang, initiated final plat application to subdivide the property at 425 Madison Avenue North with PID 19-117-21-22-0034, subject to conditions, and WHEREAS, this property is legally described as follows: OUTLOT NO 1 CAMPBELL THIRD ADDITION AND BEG AT A PT ON S LINE OF N 1/2 OF NW 1/4 DIST 1214.03 FT W FROM SE COR THOF TH N AT R/AS 200 FT TH W AT R/AS TO E LINE OF GN RR R/W TH SWLY ALONG SAID R/W LINE TO S LINE OF N 1/2 OF NW 1/4 TH E TO BEG EX ROAD WHEREAS, the procedural history of the application is as follows: 1. That the above stated application was initiated by the applicant on February 19, 2021; and, 2. That the Hopkins Planning & Zoning Commission, pursuant to published and mailed notice, held a public hearing on the application and reviewed such application on March 23, 2021 and all persons present were given an opportunity to be heard; and, 3. That written comments and analysis of City staff were considered; and, 4. That the Hopkins Planning & Zoning Commission reviewed this application during their March 23, 2021 meeting and recommended approval by the City Council, subject to conditions; and 5. That the Hopkins City Council reviewed this application during their April 20, 2021 meeting and agreed with the findings of the Planning & Zoning Commission. WHEREAS, staff recommended approval of the above stated application based on the findings outlined in the staff report dated April 6, 2021. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approve the Yang Addition final plat to subdivide the property at 425 Madison Avenue North with PID 19-117-21-22-0034, subject to the conditions listed below. 1. Approval of the associated preliminary plat and conformance with all related conditions. 2. Approval of the associated rezoning and conformance with all related conditons. 3. Execution of a Planned Unit Development Agreement in a form acceptable to the City Attorney. Adopted by the City Council of the City of Hopkins this 20th day of April, 2021. By_________________________ Jason Gadd, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk Kennedy Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D Nick P. Valle Attorney at Law Direct Dial: (612) 337-9235 Email: nvalle@kennedy-graven.com April 14, 2021 Mr. Jason Lindahl City Planner VIA EMAIL ONLY City of Hopkins 1010 – 1st Street South Hopkins, MN 55343 RE: Plat Opinion for YANG ADDITION Our File No. HP145-74 Jason: I have reviewed the title commitment from Watermark Title Agency, as issuing agent for Old Republic National Title Insurance Company with an effective date of March 8, 2021 (the “Commitment”). I have also reviewed a final plat, prepared by EDS, Inc. which is titled YANG ADDITION (the “Plat”). The Commitment purports to cover the following legal descriptions: Parcel 1: That part of the North Half of the Northwest Quarter of Section 19, Township 117, Range 21, Hennepin County, Minnesota, described as follows: Commencing at the intersection of the South line of said North Half of the Northwest Quarter and the Easterly line of right of way of the Great Northern Railway; thence East along said South line of the North Half of the Northwest Quarter of Section 19, a distance of 353 feet to a point, at which point there is an iron stake and which point is distant 1214.3 feet West of the Southeast corner of the Northeast Quarter of the Northwest Quarter of said Section 19; thence at right angles North a distance of 200 feet; thence at right angles West a distance of 277.25 feet more or less to the Easterly right of way line of the Great Northern Railway; thence Southwesterly along said Easterly right of way line to the point of beginning; except that part thereof embraced within the plat of Campbell Third Addition. Parcel 2: That part of Madison Avenue North as shown and dedicated in the plat of Campbell Third Addition, embraced within the North Half of the Northwest Quarter of Section 19, Township 117, Range 21, Hennepin County, Minnesota. & Mr. Jason Lindahl April 14, 2021 Page 2 Parcel 3: Outlot 1, Campbell Third Addition, Hennepin County, Minnesota. Torrens Property - Certificate of Title No. 1454765 (the “Property”). Based on my review of the Commitment and the Plat, I have the following comments relative to the proposed Plat: 1. Plat Execution. The names and signatures of the following parties in interest must appear on the Plat: a. The fee owners, as identified by the Commitment include Junhui Yang and Xijing Zhang, as joint tenants. The Plat must be executed with all the formalities of a deed of title. b. The mortgagee, as identified by the Commitment, includes U.S. Bank National Association under that certain mortgage document dated September 23, 2019, and recorded November 15, 2019, as Document No. 5662681. In lieu of signing the Plat, a consent to plat may be signed by the mortgagee referencing the mortgage or a satisfaction or release of the mortgage may be provided. I require review of these instruments prior to recording. 2. Plat Corrections. a. Pursuant to the state of Minnesota plat manual, the dedication portion of the Plat should be placed on sheet 1 whenever practicable. As such, the Plat should be revised to reverse the order of the sheets in order to make the dedication section sheet 1 of 2. b. As required by the Minnesota plat manual, all underlying legal descriptions should be made within the drawing of the Plat including those references to what has been marked as Parcels 2 and 3 within the Commitment. c. In the sixth line of the legal description for Parcel 1 within the Plat the word “if” should be removed and replaced with “of” so that the line reads “. . . a distance of 277.25 feet more or less . . ..” d. There should be a period after the word “Minnesota” in the legal description of Parcel 3. e. The comma after “YANG ADDITION” within the registrar of titles section of the Plat should be removed and the paragraph should be moved up to sit on the same line. Mr. Jason Lindahl April 14, 2021 Page 3 f. The second signature line within the registrar of titles section of the Plat should be removed. 3. Title Commitment Exceptions: a. Mortgage in favor of U.S. Bank National Association under that certain mortgage document dated September 23, 2019, and recorded November 15, 2019, as Document No. 5662681. As stated above, the mortgagee must either sign the Plat, provide a consent to plat, or provide a satisfaction of mortgage prior to the recording of the Plat. b. Minerals of whatsoever kind, subsurface and surface substances, including, but not limited to, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel in, on, under, and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions, or reservations of interests that are not listed. No further action required. c. Any claim based on the assertion that any fence currently located on the property represents the boundary line of subject premises or possible encroachment by said fence(s) onto adjoining properties. No further action required. d. Easements for drainage and utilities as shown on the recorded plat, if any. The relevant plat includes the Plat of Campbell Third Addition which affects that portion of the Property labeled as Parcel 2 and 3 within the Commitment. Based on my review of the Campbell Third Addition a 25’ perimeter drainage and utility easement encumbers the Property along the northern edge of Parcel 3. This should be added to the Plat. Additionally, it should be noted that a part of what is platted as Madison Avenue North encroaches and makes up the south east corner of the Property and described as “Parcel 2” within the Commitment. The City should determine whether or not to require this roadway to be dedicated within the Plat based on the existing location of the roadway. 4. Property taxes and assessments. All real estate taxes payable in the year the Plat is recorded (including delinquent taxes and any deferred Green Acres taxes) must be paid prior to recording the Plat. Any special assessments against any part of the Property can be reapportioned among the new lots as provided in Minnesota Statutes Section 429.071(3). PIN 19-117-21-22-0034 (Unpaid) 2021 Base Taxes = $6,612.04 (Unpaid) 2021 Special Assessments = $0.00 (Paid in Full) Mr. Jason Lindahl April 14, 2021 Page 4 This letter does not purport to set forth every matter relevant to a determination of whether title to the property is marketable, and no one should rely upon it for that purpose. The sole purpose of this letter is to identify required signatories to the plat and related issues of interest to the City in connection with platting, as evidenced by the Commitment. This opinion is conditioned upon the issuance of a title policy in favor of the City of Hopkins, insuring the City’s interests as they appear in the plat of YANG ADDITION. Very truly yours, /s/ Nick P. Valle Nick P. Valle cc: Scott J. Riggs (City Attorney) (via sriggs@Kennedy-Graven.com) David T. Anderson (via (danderson@Kennedy-Graven.com) Vladimir Sivriver (Surveyor) (via info@edsmn.com)