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)
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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
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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
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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
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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
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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
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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