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
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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.
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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.
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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
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Development Agreement
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�-- 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
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Development Agreement
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�--- 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.
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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:
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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.
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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
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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
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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.
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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
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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.
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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.
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