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HomeMy WebLinkAbout2016-012 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 16-12 RESOLUTION APPROVING THE FINAL PLAT FOR SADDLE CLUB SECOND ADDITION WHEREAS, the City has received an application for Final Plat approval for Saddle Club Second addition hereafter referred to as "Development"; and WHEREAS, City staff has completed a review of the proposed "Development" based on the following plans and information: • Final plat dated December 17, 2015 and prepared by EG Rud & Sons ; and WHEREAS, a public hearing was held before the Planning & Zoning Board on November 13, 2013 and continued to the January 8, 2014 meeting and the Board recommended approval of the PUD Development Stage Plan/Preliminary Plat; and WHEREAS, the City Council approved the rezoning from R, Rural to PUD, Planned Unit Development with Ordinance 01-14 and the PUD Development Stage Plan/Preliminary Plat with Resolution 14-15; and WHEREAS, Planning & Zoning Board reviewed and recommended approval of the Saddle Club Second Addition final plat at the February 10, 2016 meeting; and WHEREAS, the proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and WHEREAS, the final plat is consistent with the PUD Development Stage Plan and Preliminary Plat; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the final plat for Saddle Club Second Addition, subject to the following conditions: 1. All comments from City Engineer letter dated February 1, 2016 shall be addressed. 2. A Development Agreement shall be drafted by the City, executed by the City and the developer and recorded by the developer. 3. Black Berry Court shall be revised to one word, Blackberry Court. 4. Title Commitment: a. Royal Oaks shall transfer title to Dupont Holdings before the plat is approved and recorded. b. The title commitment legal description shall be revised to include Outlot B and C. 1 Adopted by the Council of the City of Lino Lakes this 11th day of April, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Rafferty and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Rafferty, Manthey, Maher, Reinert The following voted against same: none Al lhST: 2 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: April 11, 2016 TOPIC: Saddle Club Second Addition i. Consider Resolution No. 16-12 Approving Final Plat ii. Consider Resolution No. 16-13 Approving Development Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the Final Plat and Development Agreement for Saddle Club Second Addition. Complete Application Date: January 8, 2016 60 Day Review: March 8, 2016 Environmental Board: NA Park Board: NA Planning & Zoning Board: February 10, 2016 Council Work Session: April 4, 2016 City Council Meeting: April 11, 2016 BACKGROUND Saddle Club is a PUD residential subdivision located south of Birch Street and Old Birch Street. The preliminary plat is 39.4 gross acres and consists of 55 single family residential lots. The applicant has submitted a land use application for final plat of Saddle Club Second Addition. This review is based on the final plat dated December 17, 2015 and prepared by EG Rud & Sons. Previous Council and Board Actions: 1 • February 10, 2014: City Council approval of Saddle Club PUD Development Stage Plan/Preliminary Plat, Resolution No. 14-15 • August 25, 2014: City Council approval of Saddle Club PUD Final Plan -Final Plat, Resolution No. 14-63 • February 10, 2016: Planning & Zoning Board recommendation of Saddle Club Second Addition Final Plat Analysis Conformity with the Comprehensive Plan and Zoning Code The final plat has been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance. The proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance The final plat is consistent with the PUD Development Stage Plan/Preliminary Plat and Final Plan. The phasing plan has been revised from 2 phases to 3 phases of development. The total number of lots has not changed. Phase One 28 Phase Two 27 Phase One 28 Phase Two 17 Phase Three 10 An important component of the Saddle Club development is the connection of Fox Road and extension of public utilities to the Foxborough development. This extension was to be completed with phase two of the development. The revised phasing plan now has this connection being made with phase three. The city will obtain fmancial securities from the developer to ensure future construction of these improvements. These securities are detailed in the Development Agreement for Saddle Club Second Addition. 2 Blocks and Lots The final plat for Saddle Club Second Addition creates 17 lots from outlots B and C, Saddle Club First Addition. Streets Black Berry Court will be constructed with this phase. As approved with the final plan, the right-of-way width is 50 feet and street width is 30 feet back to back. Public Utilities Watermain and sanitary sewer will be extended down Black Berry Court per the approved construction plans. Easements Standard drainage and utility easements are provided on all lot lines. Public Land Dedication and Fees The City is requiring cash in lieu of land dedication. ubcoud Addi1 17 lots x $2,500 = $42,500 Trail The trail will be constructed from the Foxborough development to Black Berry Court in this phase. Zoning Saddle Club Second Addition is zoned PUD -Planned Unit Development as approved by the City Council with Ordinance No. 01-14. Comprehensive Plan The final plat is in compliance with the Comprehensive Plan in terms of the Resource Management System, Land Use Plan and Housing Plan. 3 Transportation Plan By-pass Lane on Birch Street The City is working with Anoka County on the design and construction of a by-pass lane on CSAH 34/Birch Street. Design is 70% complete and the County anticipates construction by fall 2016. Old Birch Street Design on the north -south section and cul de sac on the north end of Old Birch Street is 50% complete. The City anticipates construction by fall 2016. The east -west section of Old Birch Street will be reconstructed by the developer in early summer 2016. Future Fox Road and Public Utilities Connection The City Attorney is drafting a purchase agreement with Comcast to acquire the south 550 feet of their parcel to the west to allow for the extension of Fox Road and public utilities to Foxborough. This purchase will require separate Council action. The city will obtain financial securities from the developer to ensure future construction of these improvements with phase three. These securities are detailed in the Development Agreement for Saddle Club Second Addition. A wetland delineation has been completed in this area and the developer is starting design of the Fox Road and public utility extension. Construction will coincide with the submittal of the Saddle Club Third Addition in spring 2017. Development Agreement A Development Agreement has been drafted by the City and shall be executed by the developer. Title Commitment The City Attorney reviewed the title commitment and fmal plat and notes Royal Oaks shall transfer title to Dupont Holdings before the plat can be approved and recorded. The title commitment legal description shall be revised to include Outlot B and C. Stormwater Maintenance Agreement A Maintenance Agreement for Stormwater Management Facilities was approved by the City Council on August 25, 2014 with Resolution No. 14-92 for the entire Saddle Club development. 4 DEVELOPMENT AGREEMENT and PLANNED UNIT DEVELOPMENT AGREEMENT Saddle Club Second Addition THIS AGREEMENT is made this day of , 2016, by and between the City of Lino Lakes, a Minnesota municipal corporation, and Dupont Holdings, LLC ("Developer"). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 14-15 for a plat known as Saddle Club ("Subdivision"). Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2. Final Plat Approval. The City's approval of the Saddle Club Second Addition final plat, said property legally described in Attachment A, is contingent upon execution and delivery of this Agreement and all required petitions, bonds, security, and documents, and satisfaction of all conditions of approval required by Resolution No. 16-12. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer breached this Agreement and the breach has not been remedied. Development of subsequent phases may not proceed until Development Agreements for such phases are approved by the City. 4. Developer Plans. a. The Subdivision shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared and revised after entering into this Agreement but must be approved by the City before commencement of any work. If the plans vary from the written terms of this Agreement, this Agreement shall control. b. The Developer Plans as of the date of this Agreement are: i. Saddle Club PUD plan set containing Sheets C0 -C6.6, prepared by Plowe Engineering, Inc., revised April 8, 2015. 5. Permits. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public improvements. Saddle Club Second Addition Development Agreement April 2016 6. Developer Improvements. The Developer shall secure a contractor to install these improvements, hereinafter referred to as the "Developer Improvements," which contractor shall be approved by the City in its absolute discretion. The cost of Developer Improvements is as shown on Attachment B. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following improvements according to the following terms and conditions: a. Site Grading i. No grading shall commence until all requirements of the Rice Creek Watershed District (RCWD) have been satisfied. ii. All site grading shall be conducted in accordance with the grading plan as approved by the City and in accordance with NPDES and RCWD requirements. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. b. Grading and Erosion Control i. The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. ii. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. iii. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. iv. The Developer's engineer shall certify in writing, with an as -built survey, that all grading complies with the approved grading plan prior to issuance of any building permits. v. The Developer shall promptly clear dirt and debris within public right-of- ways and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street page 2 Saddle Club Second Addition Development Agreement April 2016 sweeping, until all home construction is completed, unless otherwise released by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on them, including detour signs if necessary. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. c. Final street grading, subbase, gravel base, concrete curb and gutter, and bituminous base course and wear course shall be furnished and installed. d. Sidewalks, paths and street lighting as required by the City. e. Storm sewers, when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. f. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. h. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. g. i. Landscaping shall be furnished and installed in accordance with the approved plans. J• The Developer shall arrange for all gas, telephone, cable TV and electric utility services to the Subdivision in accordance with City Code and State law. The Developer is solely responsible for the cost of utility installation. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by [INSERT DATE]. The Developer may request a reasonable extension of time from the City. If the extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. page 3 Saddle Club Second Addition Development Agreement April 2016 8. City Improvements. No city improvements are proposed to be constructed for this subdivision. 9. Record Drawings. a. Upon project completion, Developer shall submit record drawings, in electronic format, of all public and private infrastructure improvements, including roads, sanitary sewer, watermain, storm sewer facilities, and grading, constructed by Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system and provided in both AutoCad .dwg and Adobe .pdf file formats. The plans shall include accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the complete work. b. A summary of the record plan attribute data for the storm sewer, water main, and sanitary sewer structures and pipes shall be submitted in the form of an Excel Spreadsheet provided by the City Engineer. c. No securities will be fully released until all record drawings have been submitted and accepted by the City Engineer. 10. Faithful Performance of Construction Contracts and Security. a. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements. Concurrent with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements referenced therein in accordance with the ordinances and specifications of the City. The letter shall be in a form, and from a bank, as approved by the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this agreement. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates. The Irrevocable Letter of Credit may not be terminated without the City's written consent. page 4 Saddle Club Second Addition Development Agreement April 2016 c. Alternatively, the Developer may enter into a Public Improvement Surety Agreement subject to City approval. d. Reduction of Security. The Developer may request a reduction of the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. 11. Warranty. The Developer warrants all utility work required to be performed by it against poor material and faulty workmanship for a period of two years after its completion and acceptance by the City. All new streets shall be warranted by the developer for a period of one year from the time the final inspection of the street is completed and accepted by the City. All trees, grass and sod shall be warranted to be alive, of good quality and disease free for 12 months after planting. Prior to final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of this Agreement. The amount shall be determined by the City Engineer. 12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 13. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the public improvements Tying within public right-of-way and easements shall become City property without further notice or action unless the improvements are to be deemed private infrastructure. 14. Recording and Release. The Developer agrees that the terms of this Development Agreement shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1. 15. Escrow for City's Costs. a. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision including, but not limited to, the following (See Attachment B for breakdown of costs): i. Administration - 3% of Developer Improvement Costs page 5 Saddle Club Second Addition Development Agreement April 2016 �-- ii. City Engineering iii. Street lighting installation (by utility company) iv. Traffic signing improvements v. Boulevard tree planting vi. Street, storm sewer and pond maintenance vii. Property Taxes. Should the recording of the Final Plat occur after July 1st, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. b. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting the charges. 16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay the following fees related to the development of the Subdivision (See Attachment B for breakdown of costs): a. Park Dedication fee of $42,500. b. The Developer shall pay 15 months of maintenance and energy costs for street lights installed within the Subject Property at the rate of $7/month/light. After that the City will assume the costs. c. Sealcoating. The Developer will pay the cost of sealcoating the streets within the development at a cost of $5,544. The sealcoating will be completed within three to seven years following completion of the wear course placement. d. Aerial Photo Fees. e. Trunk Sewer Unit Charges. The City established trunk unit charges to uniformly distribute the costs of public trunk sanitary sewer infrastructure. Each individual connection to the sanitary sewer system shall be charged a unit charge per SAC unit (currently at $3,073 per SAC unit). The calculation of the SAC units shall be based on the procedure outlined in the Metropolitan Council Environmental Services Sewer Availability Charge Procedure Manual. Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council page 6 Saddle Club Second Addition Development Agreement April 2016 �--- Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment B. f. Trunk Water Unit Charges g. The City established trunk unit charges to uniformly distribute the costs of public trunk water infrastructure. Each individual connection to the water system shall be charged a unit charge per SAC unit (currently at $4,069 per SAC unit). The calculation of the SAC units shall be based on the procedure outlined in the Metropolitan Council Environmental Services Sewer Availability Charge Procedure Manual. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment B. Surface Water Management Area Charges The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Attachment B. 17. Assessment of Charges and Waiver of Rights. a. In consideration of the construction of City Improvements listed in Paragraph 8 and /or provision of sewer, water and storm water services, the Developer agrees that the costs of City Improvements together with Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, "the Charges") may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. b. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of this Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments for the Charges as estimated by the City Engineer (see Attachment B). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. The letter of credit may not be terminated without the City's written consent. page 7 Saddle Club Second Addition Development Agreement April 2016 c. Developer, its heirs, successors or assigns, agrees that within 30 days after the date of sale of a lot, the Developer, its heirs, successors or assigns, at its own cost and expense, shall pay the entire unpaid charges assessed or to be assessed under this agreement against such property. d. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such Charges that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. e. Acceleration upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat or development, or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder, after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. In addition to any other rights and remedies upon Developer's default, the City may refuse to issue building permits and/or Certificates of Occupancy for any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees, if the City prevails in any enforcement action. 18. Building Permits. No building permits shall be issued until: page 8 Saddle Club Second Addition Development Agreement April 2016 a. Site grading, City sewer, water, storm sewer, and bituminous base construction of the streets, temporary street signs, gas, electric, and telephone are completed and approved by the City, except as provided below. i. Model Homes: Structures may be installed as model homes consistent with City ordinance upon approval of the final plat. A record drawing of the site grading for the model home lots shall be submitted prior to issuance of building permits for the model homes. ii. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, material men, employees, agents or third parties. Any such costs shall be reimbursed from Developer's escrow. 19. Special Provisions. In consideration for the City's approval of this Agreement, Developer agrees to undertake the following off-site improvements: a. Fox Road. Developer shall acquire from the City fee simple title to the southern 550 feet of the abutting parcel to the west of the Subdivision (a/k/a the Comcast parcel) pursuant to a separate purchase agreement. City approval of this Agreement is contingent upon the City and Developer entering into the purchase agreement for the Comcast parcel and Developer depositing into escrow with the City the purchase price of $100,000.00. Upon acquisition of, and final plat approval for, the Comcast parcel, Developer shall: Construct Fox Road across the Comcast parcel so as to join the Fox Road segment in Saddle Club to the existing Fox Road in the Foxborough subdivision to the southwest. All plans and specifications for Fox Road must be approved by the City prior to construction. ii. Install sanitary sewer and water main on the Comcast parcel so as to connect the sanitary sewer and water main in Saddle Club to those existing utilities in the Fox Road right-of-way in the Foxborough subdivision to the southwest. All plans and specifications for the sanitary sewer and water main utilities must be approved by the City prior to construction. iii. All Fox Road utility and roadway improvements shall be completed prior to, or concurrent with, the utility and roadway improvements within phase three of Saddle Club, or within two years from the date of Council approval of the Saddle Club Second Addition final plat, whichever is earlier. page 9 Saddle Club Second Addition Development Agreement April 2016 b. OId Birch Street. i. Developer shall mill and overlay the east -west portion of OId Birch Street. Developer's plans and specifications must be approved by the City prior to Developer's use of the Street. ii. Developer shall pay the City for the City's cost of creating a cul-de-sac at the northern terminus of Old Birch Street. This payment is in lieu of paying for the installation of a new turn lane from Birch Street to Old Birch Street. c. Trunk Fees. Upon completion of Fox Road and the related utilities, Developer shall be credited $90,000.00 for the sanity sewer trunk charge and $25,000.00 for the water trunk charge. If Fox Road and the associated sanitary sewer and water utilities are not completed within the timeline set forth in subparagraph 19(a)(iii), Developer forfeits the aforementioned trunk charge credits. 20. Hours of Construction Activity. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed. 1. Insurance. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, Commercial General Liability, Automobile Liability and Employers Liability Insurance. Limits for Commercial General Liability shall be not less than One Million and no/100 ($1,000,000.00) Dollars per occurrence and Two Million and no/100 ($2,000,000.00) Dollars in aggregate. Limits for Automobile Liability shall be not Tess than One Million and no/100 ($1,000,000.00) Dollars for each occurrence. Limits for Liability Insurance shall be not less than Five Hundred Thousand and no/100 ($500,000) Dollars. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or its general contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. 2. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not Tess than 48 hours page 10 Saddle Club Second Addition Development Agreement April 2016 in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, levy the cost in whole or in part as a special assessment against the Subject Property. Developer waives its rights to notice of hearing and hearing on such assessments and its right to appeal such assessments pursuant to Minnesota Statutes, chapter 429. 3. General. a. Binding Effect The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land, unless otherwise released pursuant to section 14 of this Agreement. b. Validity. If a portion, section, subsection, sentence, clause, paragraph or phrase in this agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Agreement. c. Notices Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses below by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties are as set forth until changed by notice given as above. DuPont Holdings, LLC Attn: Marcel Eibensteiner 1000 County Road West, Suite 150 Shoreview, MN 55126 Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 page 11 Saddle Club Second Addition Development Agreement April 2016 4. Land Use Controls - Planned Unit Development. a. Saddle Club Second Addition is a Planned Unit Development (PUD) as approved by the City Council by Ordinance No. 02-14, and Resolution No. 14-15. page 12 Saddle Club Second Addition Development Agreement April 2016 DEVELOPER CITY OF LINO LAKES By Its By Mayor ATTEST: By By City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ANOKA This instrument was acknowledged before me on day of 2016, by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA This instrument was acknowledged before me on day of 2016, by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City. Notary Public page 13 Saddle Club Second Addition Development Agreement April 2016 STATE OF MINNESOTA COUNTY OF ) ss. On this day of , 2016, before me, a Notary Public within and for said County, personally appeared Marcel Ebensteiner, of DuPont Holdings, LLC. (Developer), who executed the foregoing instrument. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 page 14 Saddle Club Second Addition Development Agreement April 2016 ATTACHMENT A Legal Description and Final Plat Outlot B and Outlot C, Saddle Club First Addition, Anoka County, Minnesota page 15 PROJECT: Saddle Club 2nd Addition APPLICANT: DuPont Holdings, LLC IMPROVEMENTS DEVELOPER IMPROVEMENT COSTS SITE GRADING EROSION CONTROL LANDSCAPING TRAIL STREETS STORM SEWER CONST. SANITARY SEWER CONST. WATERMAIN CONST. OLD BIRCH CUL DU SAC CONSTRUCTION OLD BIRCH PAVING (EAST - WEST SECTION) ENGINEERING & SURVEYING ATTACHMENT B Total Letter of Credit Amount X 150% CITY IMPROVEMENT COSTS TRUNK SANITARY SEWER TRUNK SANITARY SEWER CREDIT TRUNK WATERMAIN TRUNK WATERMAIN CREDIT TOTAL TRUNK SEWER & WATER FEES SURFACE WATER MANAGEMENT SURFACE WATER MANAGEMENT CREDIT TOTAL SURFACE WATER MANAGEMENT FEES Total Letter of Credit Amount X 35% ESCROW PLANNING REVIEW ADMINISTRATION ENGINEER PLAN REVIEW OLD BIRCH CUL DU SAC DESIGN ENGINEER CONSTRUCTION SERVICES PROJECT FINAL DOCUMENTS & CITY ENGINEER STREET LIGHT INSTALLATION STREET & STORMWATER MAINTENANCE PROPERTY TAXES BOULEVARD TREE PLANTING DEVELOPMENT FEE DEPOSIT PARK DEDICATION PARK DEDICATION CREDIT (TRAIL) SEAL COATING FEE AERIAL PHOTO FEE STREET LIGHTING OPERATION Total Total SUMMARY OF COSTS LETTER OF CREDIT DEVELOPER IMP'MENT COSTS LETTER OF CREDIT CITY IMPROVEMENT COSTS ESCROW DEVELOPMENT FEES NUMBER OF REU's: 17 NO. OF LOT FRONTAGES 19 AREA: 6.2 ACRES COST $15,430 $8,000 $6,485 $4,462 $74,985 $28,834 $33,231 $32,886 $50,000 $50,000 $6,000 $310,313 $465,470 NOTES Marcel needs to provide bid $ Marcel needs to provide bid $ Surety Agreement Option is 125% $52,241 $3,073/REU Future Credit Old Birch Extension $90,000 $69,173 $4,069/REU Future Credit Foxborough Extension $25,000 $121,414 $39,160 ($6,482) $32,679 $154,093 $53,940 $1,500 $9,310 $5,500 $7,200 $18,500 $2,500 $5,000 $2,500 $0 $9,215 $61,225 $42,500 $0 $5,544 $1,530 $210 $49,784 $465,470 $53,940 $61,225 $49,784 $0.145/SF of Development Area Credit 3 & 5 3% of construction (2 lights) $2,500/Light If final plat between July 1 and Dec. 31 (x tree) $485/ tree $2,500/res unit: $2,175/com ac $0.33/SF of road $90/Lot (2 lights) $105/Light 4/6/2016 WSB Ats- engineering ° planning ° environmental- construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Memorandum To: Katie Larsen, City Planner From: Diane Hankee PE, City Engineer Date: February 1, 2016 Re: Saddle Club 2nd Addition Plan Review WSB Project No. 2029-633 We have reviewed the Final Plat for Saddle Club 2nd Addition in Lino Lakes, MN prepared by E.G. Rudd and Sons, Inc. dated December 17, 2015. Note the construction plans were previously reviewed with the Saddle Club 1' Addition. Based on our review, we offer the following comments that should be responded to in writing by the applicant: GRADING, EROSION AND SEDIMENT CONTROL 1. The applicant is to verify that the NPDES permit and SWPPP are current. STORMWATER MANAGEMENT 1. The stormwater management was previously reviewed with the 1St Addition and a Stormwater Management Agreement is in place for the overall plat. There are no additional comments at this time. FLOODPLAIN 1. A LOMR was completed based on the meets and bounds and there remains floodplain on some of the lots. The developer should consider a LOMA for those lots. WETLANDS 1. For the future extension of Fox Road (south section as a separate plat), an approved RCWD wetland mitigation plan will need to be approved. St. Cloud • Minneapolis • St. Paul Equal Opportunity Employer wsbeng.com S:\Community D.vclopmuu\Pr je ts\Planning Casu:\Saddle Club \Second Addition\Staff Reports \20160411 CC -Final Plat \6 20160201 Engmemng Rolm Saddlc Club 2m1.docx Ms. Katie Larsen February 1, 2016 Page 2 WATER SYSTEM 1. The proposed water system extension was previously reviewed with the lSt Addition. There are no additional comments at this time. SANITARY SEWER SYSTEM 1. The proposed sanitary sewer system extension was previously reviewed with the 1' Addition. There are no additional comments at this time. TRANSPORTATION 1. The trail should be constructed from the Fox Borough development, and signage installed per plan. A detail of the trail section adjacent to wetlands is to be submitted. 2. A temporary cul -du -sac or turnaround is to be constructed at the end of Fox Road in the 1" Addition. 3. The developer is responsible for milling and overlaying the east -west section of Old Birch Street. The south edge will need to be a full depth patch where it has broken up from construction. The inside curve at the match point of Old Birch and Pheasant Run needs to be brought up to a higher grade. 4. The Old Birch Street access (north-east) at Birch Street is to be removed and a cul -du -sac constructed. 5. A by-pass lane on Birch Street at the intersection with Old Birch (south-west) is to be constructed. The City has been working with Anoka County on the design of the by-pass lane. Anoka County plans construct the by-pass lane with their 2016 Roadway Project. This work includes the reconstruction of a section of trail adjacent to the by-pass lane. Anoka County has also expressed and interest in re -locating the driveway access at 855 Birch Street. Anoka County would lead the effort to re -locate the driveway access. DEVELOPMENT AGREEMENT 1. A Development Agreement is being drafted for Saddle Club 2nd Addition. The cost estimates for the oversizing and other development costs have been updated. 2. The developer shall provide security for grading work associated with Fox Road. 3. The proposed Saddle Club 2nd Addition has been modified from the preliminary plat. The current proposed 2nd Addition includes Black Berry Court and does not include Fox Road. The Fox Road connection is needed with a future phase to: a. Complete the transportation network in the area. b. Provide watermain looping that is needed to maintain water service pressure and fire fighting capacity. S:\Cntumunily DevdopanautProlraas\Planning Cams \Saddle Club\Srvrond Addition \Staff Reports \20160411 CC -Final Plat \6 20160201 Enginraring R vie, Ms. Katie Larsen February 1, 2016 Page 3 PERMITS 1. Permits were obtained with the overall Saddle Club development, 1" Addition. 2. The Fox Road connection at the south end (future plat) will require RCWD permitting for wetland mitigation. If you or the applicant has any questions regarding these comments, please contact Diane Hankee at (651) 982-2430 or diane.hankee@ci.lino-lakes.mn.us. S:\Commmtity - elopment\Projects\Planning Cases \Saddle Club\Second Addition\Stalf Rgorts\20I60411 CC -Final Plat\6 20160201 Engine—ung Review