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HomeMy WebLinkAbout2016-086 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 16-86 RESOLUTION APPROVING GRADING ONLY DEVELOPMENT AGREEMENT CLEARWATER CREEK BUSINESS PARK WHEREAS, the City Council approved the Development Stage Plan/Preliminary Plat for Clearwater Creek Business Park PUD on July 25, 2016, and WHEREAS, City Code Section 1001.145 provides for the commencement of grading activities prior to final plat approval subject to execution of a grading agreement. NOW, THEREFORE BE IT RESOLVED that The City Council of The City of Lino Lakes hereby approves the Grading Only Development Agreement between United Properties and the City of Lino Lakes for Clearwater Creek Business Park and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 8th day of August, 2016. The motion for the adoption of the foregoing resolution was made by Council Member Rafferty and duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Maher, Manthey, Kusterman, Reinert The following voted against same: none ATTEST: Jullann; Bartell, City 1 lerk Jeff Reme Mayor CITY COUNCIL AGENDA ITEM 6A(ii) STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: August 8, 2016 TOPIC: Consider Resolution No. 16-86, Approving Grading Only Development Agreement, Clearwater Creek Business Park VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration to approve a grading agreement with United Properties for the Clearwater Creek Business Park BACKGROUND The developer has requested that City enter into a final site grading contract for the Saddle Club PUD. The Clearwater Creek Business Park PUD Development Staging Plan/Preliminary Plat was approved on July 25, 2016. Consideration of the Final Plat/Final Plan by the City Council is anticipated in September. The developer has requested City approval to commence site grading to expedite construction on the site. Section 1001.145 of City Code does provide for grading to commence prior to final plat approval subject to execution of a grading agreement. The Grading Only Development Agreement addresses the grading requirements, responsibilities of the developer. The agreement also includes the fees and securities to cover City review costs and ensure completion of the public and private improvements in accordance with the approved plans. RECOMMENDATION Staff is recommending approval of Resolution No. 16-86. ATTACHMENTS 1. Resolution No. 16-86 2. Grading Only Development Agreement DEVELOPMENT AGREEMENT GRADING ONLY Clearwater Creek Business Park THIS AGREEMENT is made this day of , 2016, by and between the City of Lino Lakes, a Minnesota municipal corporation ("City"), and United Properties Development LLC, a Minnesota limited liability company ("Developer"). 1. Subdivision. Developer received preliminary plat approval from the City by Resolution No. 16-76 for a plat known as Clearwater Creek Business Park ("Subdivision") as legally described in Attachment A. Unless otherwise stated, all terms and conditions of this Agreement relate to work within the Subdivision. 2. Grading Approval. The City grants approval to commence with site grading, wetland mitigation and installation of stormwater management facilities, as provided for in City Code Section 1001.145, contingent upon execution and delivery of this agreement and all required petitions, bonds, security and documents specified herein. 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has 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 graded 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. Clearwater Creek Business Park plan set containing 14 sheets, prepared by Plowe Engineering Inc., revised June 17, 2016 received June 17, 2016. 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. Clearwater Creek Business Park Development Agreement August 8, 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. Conservation areas and wetland buffer areas shall be protected as detailed in the approved plans. v. Tree Preservation areas shall be protected in accordance with the Tree Preservation plan. vi. 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 (5) page 2 Clearwater Creek Business Park Development Agreement August 8, 2016 days after notification by the City. The Developer shall be responsible for all necessary street and storm sewer maintenance, including street sweeping, until all building 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. 7. Time of Performance. The Developer shall install all required improvements enumerated in Paragraph 6 by November 30, 2016. 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. 8. Record Drawings. a. Upon grading completion, Developer shall submit an as -built survey certifying that all grading complies with the grading plan. 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. City will fully release all securities when the as -built survey has been accepted by the City Engineer, which acceptance will not be unreasonably withheld, conditioned or delayed. 9. 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, subject to Section 8(b), at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, in the amount of 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 page 3 Clearwater Creek Business Park Development Agreement August 8, 2016 reasonably approved by the City. If Developer defaults in the performance of any of its obligations under this Agreement, after written notice and a reasonable period of time to cure such default, the City reserves the right to draw on the Irrevocable Letter of Credit for an amount necessary to cure the default. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates, subject to the terms and conditions of this Agreement. The Irrevocable Letter of Credit may not be terminated without the City's written consent. c. Reduction of Security. The City will reduce the Letter of Credit or cash deposit upon Developer's request, based on prepayment or the value of the completed improvements at the time of the requested reduction. In no event shall the Developer submit more than one request every 30 days. 10. 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 reasonably determine. 11. Ownership of Improvements. Upon completion and City acceptance of the work and construction required by this Agreement, the Developer Improvements shall remain privately owned and maintained. A separate agreement shall be entered into between City and Developer that addresses public and private site improvements installed after site grading is completed. 12. 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 Property described on Page 1. Upon final completion and City acceptance of the work and construction required by this Agreement, City will execute and deliver to Developer a recordable document terminating this Agreement and releasing this Agreement of record. 13. 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 actual 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 - 1% of Developer Improvement Costs �, page 4 Clearwater Creek Business Park Development Agreement August 8, 2016 ii. City Engineering 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. The City will refund to Developer all amounts remaining in the escrow account upon termination of this Agreement. 14. Special Provisions a. None 15. 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 16. Insurance. Developer or its general contractor shall take out and maintain until one year after the City accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's or general contractor's work, as the case may be, or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of Two Million and no/100 ($2,000,000.00) Dollars or more. 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. 17. 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, after written notice to Developer and after Developer has had a reasonable time after receipt of such notice to cure the default, perform the work and the Developer shall promptly reimburse the City for any documented 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 a court order for permission to enter the land. When the City does any such work, the City may, in addition to its page 5 Clearwater Creek Business Park Development Agreement August 8, 2016 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. 18. 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, until released pursuant to section 12 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. United Properties Development LLC 3600 American Blvd W. Suite 750 Minneapolis, MN 55431 Attn: Brandon Champeau Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 page 6 Clearwater Creek Business Park Development Agreement August 8, 2016 UNITED PROPERTIES DEVELOPMENT LLC CITY OF LINO LAKES By Its Vice President STATE OF MINNESOTA ) SS COUNTY OF ANOKA ) By Mayor ATTEST By City Clerk 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 7 Clearwater Creek Business Park Development Agreement August 8, 2016 STATE OF MINNESOTA ) SS COUNTY OF ) On this day of , 2016, before me, a Notary Public within and for said County, personally appeared Brandon Champeau, Vice President of United Properties Development LLC, a Minnesota limited liability company (Developer), who executed the foregoing instrument on behalf of the company. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 L.- page 8 Clearwater Creek Business Park Development Agreement August 8, 2016 ATTACHMENT A Legal Description page 9 Clearwater Creek Business Park Development Agreement August 8, 2016 ATTACHMENT B Securities, Escrows & Fees page 10