HomeMy WebLinkAbout2021-035 Council Resolution CITY OF LINO LAKES
RESOLUTION NO.21-35
RESOLUTION APPROVING AMENDMENT#1 TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR CENTURY FARM NORTH 7TH ADDITION
WHEREAS,the City Council approved the Planned Unit Development Agreement
("Agreement") for Century Farm North 7th Addition with Resolution No. 17-99 on May 14,
2018; and
WHEREAS, Section 16a of the Agreement states sidewalks are no long required and Park
Dedication fees are $10,000; and
WHEREAS,the Century Farm North Robinson Addition Association did in fact want the
sidewalk installed; and
WHEREAS,the developer, Gary Uhde of Century Farm North Development, Inc. agreed to
install the sidewalk, landscaping and related appurtenances in accordance with the Civil Plan
Set-Century Farm North PUD/Preliminary Plat Amendment 7th Addition prepared by Plowe
Engineering, Inc dated January 15, 2021 on the condition he is reimbursed the $10,000.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby approves Amendment#1 to Planned Unit Development Agreement for Century Farm
North 7th Addition between Century Farm North Development, Inc. and the City of Lino Lakes
and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 26th day of April, 2021.
The motion for the adoption of the foregoing resolution was introduced by Councilmember
Lyden and was duly seconded by Councilmember Ruhland and upon vote being taken thereon,
the following voted in favor thereof: Lyden, Ruhland, Cavegn, Stoesz, Rafferty
The following voted against same: None
,\
* )14
R afferty, Mayor
ATI EST:
E` Ia e Bartell, C. Cle
CITY COUNCIL
• AGENDA ITEM 6C
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: April 26, 2021
TOPIC: Consider Resolution No. 21-35 Approving Amendment#1 to
Century Farm North 7th Addition Planned Unit Development
Agreement
VOTE REQUIRED: 3/5
INTRODUCTION
Century Farm North is a residential Planned Unit Development(PUD) in northwest Lino Lakes
and was approved in 2003. It includes a mix of housing styles including single family lots,
single family airpark lots with hangars and attached townhomes totaling 249 housing units.
BACKGROUND
On May 14, 2018 with Resolution No. 17-97, Council approved an amendment to the PUD
Development Stage Plan/Preliminary Plat for Outlot C, Century Farm North 6th. This outlot
• was originally approved for 12 townhomes (2 buildings with 6 units each) in 2003. Due to a
weakened townhome market,the developer Mr. Gary Uhde, requested to re-plat the outlot from
12 townhome units to 4 single family lots.
The original 2003 PUD plan also included sidewalk near the 12 townhomes. The amendment
to re-plat to four(4) single family lots included 230 if of sidewalk between the homes and the
existing townhomes along Gotland Lane. At the May 14, 2018 Council meeting, Mr. Uhde
stated the HOA did not want the sidewalk so Council motioned to eliminate the sidewalk and
collect$10,000 in park dedication fees from Mr. Uhde for use in development of pedestrian
and bicycle facilities within the Century Farm North development. After execution of the
Development Agreement,the HOA stated they did in fact want the sidewalk. Mr. Uhde has
agreed to install the sidewalk and associated landscaping on the condition he is reimbursed the
$10,000 he paid. A Temporary Construction Easement has been signed by the HOA and Mr.
Uhde. The HOA will own and maintain the sidewalk after construction.
This Amendment#1 amends Section 16 of the Century Farm North 7th Addition Planned Unit
Development Agreement approved by Council on May 14, 2018 via Resolution No. 17-99 to
allow for the construction of the sidewalk and reimburse Mr. Uhde $10,000.
RECOMMENDATION
Staff recommends approval of Amendment#1 to Century Farm North 7th Addition Planned
Unit Development Agreement to allow for the construction of the sidewalk, landscaping and
• related appurtenances in accordance with the Civil Plan Set-Century Farm North
1
PUD/Preliminary Plat Amendment 7th Addition prepared by Plowe Engineering, Inc dated
January 15, 2021 and reimburse Mr. Uhde $10,000 in park dedication fees. •
ATTACHMENTS
1. Sheet L1, Landscape Plan with Sidewalk Location
2. Resolution No. 21-35
3. Amendment#1 to Century Farm North 7th Addition Planned Unit Development
Agreement
•
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CITY OF LINO LAKES •
RESOLUTION NO.21-35
RESOLUTION APPROVING AMENDMENT #1 TO
PLANNED UNIT DEVELOPMENT AGREEMENT
FOR CENTURY FARM NORTH 7TH ADDITION
WHEREAS,the City Council approved the Planned Unit Development Agreement
("Agreement") for Century Farm North 7th Addition with Resolution No. 17-99 on May 14,
2018; and
WHEREAS, Section 16a of the Agreement states sidewalks are no long required and Park
Dedication fees are $10,000; and
WHEREAS,the Century Farm North Robinson Addition Association did in fact want the
sidewalk installed; and
WHEREAS, the developer, Gary Uhde of Century Farm North Development, Inc. agreed to
install the sidewalk, landscaping and related appurtenances in accordance with the Civil Plan
Set-Century Farm North PUD/Preliminary Plat Amendment 7th Addition prepared by Plowe
Engineering, Inc dated January 15, 2021 on the condition he is reimbursed the $10,000.
NOW,THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes .
hereby approves Amendment#1 to Planned Unit Development Agreement for Century Farm
North 7th Addition between Century Farm North Development, Inc. and the City of Lino Lakes
and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 26th day of April, 2021.
The motion for the adoption of the foregoing resolution was introduced by Council Member
and was duly seconded by Council Member and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
Rob Rafferty, Mayor
ATTEST:
Julianne Bartell, City Clerk
•
• AMENDMENT#1 TO
PLANNED UNIT DEVELOPMENT AGREEMENT FOR
CENTURY FARM NORTH 7TH ADDITION
THIS AMENDMENT is entered into on day of , 2021,by the City of
Lino Lakes ("City"), and Century Farm North Development, Inc., a Minnesota corporation
("Developer"), Parties to the Planned Unit Development Agreement Century Farm North 7th
Addition executed on June 7, 2018 which is attached as Exhibit A.
WHEREAS,the Planned Unit Development Agreement for Century Farm North 7th Addition
("Agreement") approved on May 14, 2018 with Resolution No. 17-99 and recorded on June 7,
2018 as Document No. 2201113.001 is hereby amended as follows (deletions are strike through;
additions are underlined):
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 Exhibit C for
breakdown of costs):
a. Park Dedication—Fee of$10,000.
i. The original PUD Development Stage Plan/Preliminary Plat required
sidewalks along the west and east lot lines of the subject outlot. These
sidewalks are no longer required. The park dedication fee is equal to the
• cost of sidewalk that is being removed and will be used to construct
pedestrian/bicycle facilities within the development.
ii. After the June 7, 2018 execution of the Agreement,the Century Farm
North Robinson Addition Association stated they did want the east
sidewalk installed. The developer shall install the sidewalk, landscaping
and related appurtenances in accordance with the Century Farm North
PUD/Preliminary Plat Amendment 7th Addition plan set containing 8
sheets prepared by Plowe Engineering, Inc. dated January 15, 2021.
iii. The Developer shall be reimbursed the $10,000 park dedication fee after
completion, inspection and City approval of the project.
iv. The Century Farm North Robinson Addition Association shall be
responsible for maintenance of the sidewalk and landscaping.
NOW,THEREFORE,BE IT RESOLVED the Planned Unit Development Agreement for
Century Farm North 7th Addition is hereby amended to require the sidewalk installation and park
dedication fees reimbursement to Developer in the amount of$10,000.00.
1111
DEVELOPER CITY OF LINO LAKES
By By
Century Farm North Development, Inc. Rob Rafferty, Mayor
Its President ATTEST
By
Julianne Bartell, City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on day of , 2021,
by Rob Rafferty 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 , 2021
by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City.
Notary Public
2
•
• STATE OF MINNESOTA )
) SS
COUNTY OF )
On this day of , 2021, before me, a Notary Public within and
for said County,personally appeared , of
. (Developer),who executed the foregoing instrument.
Notary Public
•
•
3
EXHIBIT A •
Planned Unit Development Agreement
Century Farm North 7th Addition
•
4 •
111111 liii!I I I1111111111111I1111111111111111
Record ID 4119005
•
PLANNED UNIT DEVELOPMENT AGREEMENT
Century Farm North 7th Addition
THIS AGREEMENT is made this -7 day of J un 6 , 2018, by and between the City
of Lino Lakes,a Minnesota municipal corporation, and Century Farm North Development, Inc.a
Minnesota corporation"Developer".
1. Subdivision. Developer received preliminary plat approval from the City by Resolution No.
03-60 for a plat known as Century Farm North "Subdivision".The preliminary plat was
amended by Ordinance No.06-14,Ordinance No.07-11, Resolution No. 14-43,Resolution
No. 16-135 and Resolution No. 17-97. 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 final plat of Century Farm North 7th
Addition,as legally described on Exhibit A attached hereto,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. 17-
97 and Resolution No. 17-98.The Final Plat is attached hereto as Exhibit B.
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 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. Century Farm North 7`h Addition plan set containing 10 sheets, prepared
• by Plowe Engineering, Inc., dated April 24, 2018.
ii. Century Farm North 7th Addition Final Plat, prepared by E.G. Rud & Sons,
Inc., dated April 20, 2018.
5. Permits. The Developer shall be responsible for securing all site grading and
development approvals and permits from all appropriate Federal, State, Regional and
•
2201113 . 001
Century Farm North 7th Addition
Development Agreement
May 14, 2018 •
Local jurisdictions prior to the commencement of site grading or construction and prior
to the City awarding construction contracts for public improvements.
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 Exhibit C attached hereto. 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 (5)
page 2 •
Century Pam)North 7th Addition
Development Agreement
i May 14, 2018
days after notification by the City. The Developer shall be responsible for
all necessary street and storm sewer maintenance, including street
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.
• g. 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.
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 November 30, 2018. The Developer may request a
reasonable extension of time from the City. If the extension is granted, it shall be
• page 3
Century Farm North 7th Addition
Development Agreement
May 14, 2018 •
conditioned upon updating the security posted by the Developer to reflect cost
increases and the extended completion date.
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 grading,
sanitary sewer,watermain,storm sewer facilities, and roads,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. The Developer shall also
submit certified compaction testing results for the site grading operations.
b. A summary of the record plan attribute data for the storm sewer,watermain,
and sanitary sewer structures and pipes shall be submitted in the form of an
Excel Spreadsheet as 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
pag
e 4 •
�
Century Farm North 7`1'Addition
Development Agreement
• May 14, 2018
expiration dates. The Irrevocable Letter of Credit may not be terminated without
the City's written consent.
c. Not Applicable
d. Reduction of Security.The Developer may request 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 lying 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 Exhibit C for
breakdown of costs):
Spage 5
Century Farm North 7th Addition
Development Agreement
May 14, 2018 •
i. Administration- 3%of Developer Improvement Costs
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 1S',
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 Exhibit C for •
breakdown of costs):
a. Park Dedication—Fee of$10,000.
i. The original PUD Development Stage Plan/Preliminary Plat required
sidewalks along the west and east lot lines of the subject outlot. These
sidewalks are no longer required. The park dedication fee is equal to the
cost of sidewalk that is being removed and will be used to construct
pedestrian/bicycle facilities within the development.
b. Street Lights—None required, paid with the original development.
c. Sealcoating- Not required, paid with the original development.
d. Aerial Photo Fees
e. Trunk Sewer Connection Fees
The City established trunk utility connection fees to uniformly distribute the
costs of public trunk sanitary sewer infrastructure.The Trunk Utility Connection
Fee consists of two components; a Trunk Charge and an Availability Charge.
page 6 •
Century Farm North 7`h Addition
Development Agreement
• May 14, 2018
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or at the time of
hook-up,whichever is first. Residential trunk charges are based on one unit per
dwelling unit. Commercial/Industrial/Institutional(CII)trunk charges are based on
a factor of 2.92 units per acre.
Sanitary Sewer $1,505.00 Per Unit
Availability Charge
For residential properties, the availability charge shall be paid at the time of
subdivision approval or at the time of hook-up, whichever is first.
Commercial/Industrial/Institutional availability charges shall be paid at the time
of building permit. Fees are based on the number of sanitary access charge
(SAC) units assigned by Metropolitan Council Environmental Services(MCES).
Residential uses shall be assigned one unit per dwelling unit unless otherwise
noted by MCES.
City Sewer(CSAC) $1,408.00 Per SAC Unit
•
Trunk sewer unit charges addressed under this paragraph are in addition to any
SAC charges imposed by Metropolitan Council Environmental Services. An
estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Exhibit C.
f. Trunk Water Connection Fees
The City established trunk utility connection fees to uniformly distribute the
costs of public trunk water infrastructure. The Trunk Utility Connection Fee
consists of two components; a Trunk Charge and an Availability Charge.
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or at the time of
hook-up,whichever is first. Residential trunk charges are based on one unit per
dwelling unit. Commercial/Industrial/Institutional(CII)trunk charges are based on
a factor of 2.92 units per acre.
Water $2,162.00 Per Unit
Availability Charge
Spage 7
Century Farm North 7th Addition
Development Agreement .
May 14, 2018
For residential properties,the availability charge shall be paid at the time of
subdivision approval or at the time of hook-up,whichever is first.
Commercial/Industrial/Institutional availability charges shall be paid at the time
of building permit. Fees are based on the number of sanitary access charge
(SAC) units assigned by Metropolitan Council Environmental Services(MCES).
Residential uses shall be assigned one unit per dwelling unit unless otherwise
noted by MCES.
City Water (CWAC) $1,360.00 Per SAC Unit
An estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Exhibit C.
g. 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 Exhibit C.
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 Exhibit C). 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 8 •
Century Farm North 7th Addition
Development Agreement
• May 14, 2018
c. Developer, its heirs, successors or assigns, agrees that within 30 days after the
of saleof lot, the Developer, its heirs, successors or assigns, at its own
date a
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 9
Century Farm North 7`h Addition
Development Agreement
May 14, 2018 •
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. 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.
a. Conditions of approval required by Resolution No. 17-97 and Resolution No. 17-
98 shall be met.
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
21. 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.
page 10 •
Century Farm North 7th Addition
• Development Agreement
May 14, 2018
22. 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 less than 48 hours
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.
23.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.
Century Farm North Development, Inc.
Attn:Gary M. Uhde
3157 Berwick Knoll
Brooklyn Park, MN 55443
• page I I
Century Farm North 7th Addition
Development Agreement •
May 14, 2018
Community Development Director
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
•
page 12 •
Century Farm North 7th Addition
Development Agreement
May 14, 2018
24. Land Use Controls- Planned Unit Development.
a. Century Farm North is a Planned Unit Development(PUD)as approved by the
City Council by Ordinance No. 12-03, Ordinance No. 06-14,Ordinance 07-11,
Resolution No. 03-60, Resolution No. 14-43, Resolution No. 16-135 and
Resolution No. 17-97.
b. The City of Lino Lakes approved Resolution No. 17-97 to allow for Outlot C,
Century Farm North 6th Addition be platted into four(4)single family lots.
c. The building design standards as established in the R-2,Two Family Residential
District shall apply to the four(4)single family lots except the PUD criteria as
approved by Resolution No. 14-43 regarding garages and front porches shall also
apply.
d. Side yard setbacks of 7.5 feet on both sides of either the principal or attached
accessory structure shall apply to the four(4)single family lots.
e. Air conditioning equipment must be 10 feet from any side lot line. No
encroachment shall be permitted in the drainage and utility easement.
f. The certificate of survey submitted with each building permit shall show the
location of a future minimum 10' x 10' deck.
g. Morgan Lane is a private drive that shall be maintained by the Century Farm
North Robinson Addition Homeowners Association. This includes the
• landscaping and ground cover on Outlot A, Century Farm North 7th Addition.
page 13
Century Farm North 7`h Addition
Development Agreement
May 14, 2018 •
D LOP CITY OF • LAKES
By / By
Mayor
Its Y`P.ri t r- en I ATTEST
B
City c/
STATE OF MINNESOTA
SS
COUNTY OF ANOKA
This instrument was acknowledged before me on - day of-V.°'` ,- , 2018,
by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City.
Li.dA..t-4.r
Notary Public :�_•!*�9 • JULWNNE M.6 JARTE
,t��Q Z:p'► �OTAR PUBLIC k •
MINNESOTA
MY won E:ptres Jan.31,2021 I
STATE OF MINNESOTA
SS
COUNTY OF ANOKA
This instrument was acknowledged before me on -36 day of 2018
by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City.
n
Notary Pub c
:4Et
USA
Ik HOCSFANefary Pu-OSTblicUESFAM
MINNESOTA 0
My Commission Expires January 31,2020 0
page 14
Century Farm North 7th Addition
• Development Agreement
May 14, 2018
STATE OF MINNESOTA
SS
COUNTY OF J no ICU
On this 17 day of J Urge , 2018, before me,a Notary Public within and
for said County, personally appeared ('flgi/)Y1 j fP , of
6a M tA fl . . (Developer),who execu ed the foregoing instrument.
(1. 06/240dPdtt7 )
Notary Public Nowypubtic
(L26) MINNESOTA
.sc:o
This instrument was drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, Minnesota 5501.4
•
page 15
Century Farm North 7`h Addition
Development Agreement
May 14, 2018 •
EXHIBIT A
Legal Description
Outlot C, Century Farm North 6th Addition
•
•
page 16 •
Century Farm North 7th Addition
• Development Agreement
May 14, 2018
EXHIBIT B
Final Plat
•
• page 17
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Professional Land Surveyors a „yD ..�a, ",..LI
• • 0
Century Farm North 7th Addition
Development Agreement
• May 14, 2018
EXHIBIT C
Securities, Escrows& Fees
•
• page 18
5/15/2018
EXHIBIT C •
Securities,Escrows&Fees
PROJECT:Century Farm North 7th Addition NUMBER OF REis: 4
APPLICANT:Century Farm North Development.Inc. NO.OF LOT FRONTAGES 4
AREA: 1.2
IMPROVEMENTS COST
DEVELOPER IMPROVEMENT COSTS(Public)
SITE GRADING S7.000
EROSION CONTROL S2.470
LANDSCAPING S2,000
SIDEWALK&TRAIL SO
STREETS S42,038
STORM SEWER CONST. S3,500
SANITARY SEWER CONST. $2,275
WATERMAN CONST. $16,125
ENGINEERING&SURVEYING 510,000
Total S85,408
Letter of Credit Amount X 150% $128,111
ESCROW for CITY'S COSTS
ADMINISTRATION 52,570
ENGINEER PLAN REVIEW 1.500
ENGINEER CONSTRUCTION SERVICES 52,500
PROJECT FINAL.DOCUMENTS&CITY ENGINEER 12,500
STREET LIGHT INSTALLATION SO
STREET&STORMWATER MAINTENANCE S1,500
PROPERTY TAXES SO
BOULEVARD TREE PLANTING S1,940
Total $11,510
DEVELOPMENT FEES •
PARK DEDICATION S10,000
PARK DEDICATION CREDIT SO
Subtotal Park Dedication Fee S10,000
AUAR SO
SEAL COATING FEE SO
GIS MAPPING FEE $360
STREET LIGHTING OPERATION SO
Total S10,360
TRUNK SANITARY SEWER
TRUNK CHARGE PER ACRE $6,020
AVAILABILITY CHARGE PER SAC UNIT $5,632
TRUNK SANITARY SEWER CREDIT SO
TRUNK WATERMAIN
TRUNK CHARGE PER ACRE S8,618
AVAILABILITY CHARGE PER SAC UNIT $5.440
TRUNK WATERMAIN CREDIT SO
TOTAL TRUNK SEWER&WATER FEES S25,740
SURFACE WATER MANAGEMENT Paid with CFNB
SURFACE WATER MANAGEMENT CREDIT
TOTAL SURFACE WATER MANAGEMENT FEES SO
Total 525,740
Letter of Credit Amount X 35% S9,010
SUMMARY OF COSTS
SECURITY:DEVELOPER IMPMENT COSTS $128,111
ESCROW FOR CITY COSTS $11,510
DEVELOPMENT FEES $10,360
SECURITY:TRUNK FEES $9,010 •
ANOKA COUNTY MINNI SOTA
Document No.: 22011 13.001 ABSTRACT
I hereby certify that the within instrument was filed in
is office for record on: 06/07/2018 1 1:36:00 AM
Allis
In the Amount of $46.00
JONELL M. SAWYER
Anoka County Property Tax
Administrator/Recorder/Registrar of Titles
KAK, Deputy
Record ID: 4119005
•