HomeMy WebLinkAbout2008-043 Council ResolutionCouncil Member Gallup introduced the following resolution and moved its
410 adoption:
CITY OF LINO LAKES
RESOLUTION NO. 08 -43
RESOLUTION APPROVING DEVELOPMENT CONTRACT,
VAUGHAN'S FIRST ADDITION
WHEREAS, the City Council approved a Preliminary Plat on February 11, 2008,
and
WHEREAS, the City's subdivision ordinance and conditions of approval require
the execution of a development contract, between the Developer and the City of
Lino Lakes, prior to commencement of site construction activities and final plat to
insure satisfactory completion of public improvements.
NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council
approves the Development Contract with Ed Vaughan for Vaughan's First
Addition and authorizes the Mayor and City Clerk to execute such agreement on
behalf of the City.
Julia ne Bartell, Ci Cle
Adopted by the Lino Lakes City Council this 28th day of April, 2008.
The motion for the adoption of the foregoing resolution was duly seconded by
Council Member Stoltz and upon vote being taken thereon, the following
voted in favor thereof:
Gallup, Stoltz, O'Donnell, Bergeson
The following voted against same:
None (Absent - Reinert)
Whereupon said resolution was declared duly passed and adopted.
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AGENDA ITEM 6.A.
STAFF ORIGINATOR: Paul Bengtson
CC MEETING DATE: April 28, 2008
TOPIC: Vaughan's First Addition
i. Resolution No. 08 -43, Approving a Development
Agreement
ii. Resolution No. 08 -44, Approving a Final Plat
BACKGROUND
Ed Vaughan has requested approval of a 1 lot residential subdivision to be known as
Vaughan's First Addition. The City Council approved the Preliminary Plat for the
project on February 11, 2008 with the adoption of Resolution 08 -22.
ANALYSIS
Development Contract: Vaughan's First Addition is located on the north end of the
Quail Ridge Addition. The total additional assessed acreage of the parcel is 0.98 acres.
This addition will create two parcels one residence and one outlot. Sanitary sewer and
watermain services are available and were installed with the Quail Ridge Addition.
In accordance with the preliminary plat approval on February 11, 2008 and City policy,
staff has prepared a Development Contract. The contract provides for the following:
1. Submittal by the developer of two Letters of Credit:
a. Development improvement Letter of Credit in the amount of $20,800.00
representing 150 percent of the construction costs.
b. City improvement Letter of Credit in the amount of $5,600.00 representing
35 percent of the City Improvement costs.
2. Deposit of a cash escrow in the amount of $8,500 to reimburse the City for costs
incurred by the City related to the development and improvements of the site.
Ed Vaughan has reviewed the contract and is aware of the conditions set forth.
Final Plat: The final plat is conforming to the preliminary plat approval issued on
February 11, 2008 and the title commitments have been reviewed and approved by the
City Attorney. The Planning and Zoning Board unanimously recommended approval of
the final plat.
RECOMMENDATION
Staff is recommending the adoption of Resolution No. 08 -43, approving the development
contract; and adoption of Resolution No. 08 -44, approving the Final Plat for Vaughan's
First Addition.
Attachments: Resolution No. 08 -43 & Development Contract
Resolution No. 08 -44 & Final Plat
DEVELOPMENT CONTRACT
Vaughan's First Addition
THIS AGREEMENT made this 28th day of April 2008, is by and between the City
of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a
municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as
the "City ", and Ed Vaughan whose address is 1432 Pheasant Hills Drive, Lino Lakes, Minnesota
55038 hereinafter referred to as the "Developer ".
WHEREAS, the Developer has received preliminary plat approval from the City
Council for a plat of land within the corporate limits of the City known as Vaughan's First
Addition, hereinafter called "Subdivision ", said land is legally described to -wit
Outlot D, Pheasant Hills Preserve, Anoka County, Minnesota,
EXCEPT that part of Outlot D, Pheasant Hills Preserve, being in the West One-
half of the Northwest One - Quarter, Section 27, Township31, Range 22, Anoka
County, Minnesota, described as follows:
Commencing at the Southeast corner of the West One -half of said Northwest One-
quarter, Section 27; thence North 01 degrees 00 minutes 55 seconds West along
the East line of said West One -half, Northwest One - quarter, Section 27, a distance
of 57.73 feet to the Southeast corner of said Outlot D for a point of beginning of
the tract to be described; thence North 01 degree 00 minutes 55 seconds West,
along the East line of said Outlot D, a distance of 910.02 feet; thence South 89
degrees 22 minutes 49 seconds West, a distance of 580.47 feet; thence South 01
degree 00 minutes 55 seconds East, parallel with the East line of said Outlot D, a
distance of 548.90 feet; thence North 89 degrees 22 minutes 49 seconds East,
parallel with the South line of said Northwest One - quarter, Section 27, a distance
of 416.00 feet; thence South 01 degree 00 minutes 55 seconds East, parallel with
the East line of said Outlot D a distance of 370.14 feet to the Northerly right -of-
way line of C.S.A.H. No. 10 (Anoka County Right -of -Way Plat No. 11); thence
North 85 degrees 24 minutes 36 seconds East along said right -of -way line a
distance of 28.66 feet; thence continuing along said right -of -way line along a
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Vaughan's First Addition
Development Contract
April 28, 2008
curve concave to the North (which has a radius of 2879.72 feet, a delta angle of 02
degrees 00 minutes 31 seconds, and an arc length of 136.02) a chord bearing and
distance of North 86 degrees 24 minutes 53 seconds East, 136.01 feet to the point
of beginning.
And EXCEPT the North 1100 feet of Outlot D, Pheasant Hills Preserve, Anoka
County, Minnesota.
And EXCEPT the South 400 feet of the North 1500 feet of the East 600 feet of
Outlot D, Pheasant Hills Preserve, Anoka County, Minnesota.
WHEREAS, the developer is splitting the above described land into one lot with
one new residence and one outlot.
WHEREAS, certain improvements to service the subdivision have been made by a
previous development; and
WHEREAS, the Developer is to be responsible for the installation and fmancing of
certain private improvements within the subdivision; and
WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City
installed improvements to the benefited property.
WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358
authorize the City to enter into a performance contract secured by cash escrow or other security to
guarantee completion and payment of such improvements following final approval and recording of
final plat; and
NOW, THEREFORE, in consideration of the mutual promises of the parties made
herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the
I. DESIGNATION OF IMPROVEMENTS
A. Improvements to be installed at the Developer's expense by the Developer as
hereinafter provided are hereinafter referred to as "Developer Improvements ".
B. Improvements to be installed by the City and financed by the Developer are
hereinafter referred to as "City Improvements ".
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Vaughan's First Addition
Development Contract
April 28, 2008
II. DEVELOPER IMPROVEMENTS
A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan,
street and utility plan, and a surface water management plan. The Developer shall
secure a contractor to install these improvements; said contractor shall be approved
by the City at its ABSOLUTE discretion. All Developer Improvements shall
require City inspection and approval and, where appropriate, the approval of any
other governmental agency having jurisdiction. The Developer will construct and
install at Developer's expense the following improvements according to the
following terms and conditions:
1. Grading Plan
a) A final site grading plan, including certified wetland delineation,
with maximum two -foot contours and cross sections as necessary
has been submitted and approved by the City prior to
commencement of any site grading.
2. Erosion Control Plan
a) The Developer has submitted an erosion control plan, detailing all
erosion control measures to be implemented during construction.
Said plan has been approved by the City prior to the commencement
of site grading or construction.
3. Grading and Erosion Control Construction & Maintenance
a) Prior to the commencement of site grading and erosion control, the
Developer shall complete items II.A.1 and II.A.2 as listed above.
b) All disturbed areas shall be seeded.
c) Protect streets from erosion deposits. This should include a
combination of roadside silt fences, roadside sod strips, catch basin
rock bale inlet protection, rock construction entrances, straw mulch,
and/or street sweeping.
4. The Developer shall place iron monuments at all lot and block comers 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 comer 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.
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Development Contract
April 28, 2008
5. 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) days
after notification by the City. The Developer or its assigns shall be
responsible for all necessary street and storm sewer maintenance including
street sweeping, storm sewer cleaning, ditch cleaning and pond dredging,
resulting from the accumulation of said dirt and debris, until all
Certificates of Occupancy are issued.
6. The Developer shall dedicate to the City, prior to approval of the fmal plat,
at no cost to the City, all permanent or temporary easements 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.
7. 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.
8. The Developer shall make provision that all gas, telephone, cable TV and
electric utility designs be submitted to the City for review and approval prior
to construction of the streets. Following review and approval by the City,
the Developer shall insure that all installations comply with applicable City,
County and State design standards and show proof of security arrangements
with said utility companies.
9. Cost of Developer Improvements and description are as shown on
Attachment A.
10. Construction of Developer's Improvements:
a) The construction, installation, materials and equipment shall be in
accordance with the plans and specifications approved by the City.
b) All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental
agency having jurisdiction.
c) Prior to the acceptance of Developer Improvements by the City, the
Developer shall obtain final plat approval and record the fmal plat
which will dedicate all permanent easements necessary for the
construction and installation of the Developer and City
Improvements as determined by the City.
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Development Contract
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d) All construction debris and trash shall be properly disposed of at the
Developer expense and in a timely manner as determined by the
City.
11. Guarantee
a) Faithful Performance of Construction Contracts and Letters of Credit
(1) 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 and hereby guarantees the
workmanship and materials for a period of one year
following the City's fmal acceptance of the Developer's
Improvements. Concurrently 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. An Irrevocable Letter of Credit
shall be for the exclusive use and benefit of the City of Lino
Lakes and shall state thereon that the same is issued to
guarantee and assure performance by the Developer of all the
terms and conditions of this Development Contract and
construction of all required improvements in accordance with
the ordinances and specifications of 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 contract. The
Irrevocable Letter of Credit shall be automatically extended
for additional periods of one year from present or future
expiration dates unless thirty (30) days prior to such the City
Clerk or Administrator is notified in writing by certified mail
that the Letter of Credit will not be renewed.
b) Reduction of Escrow Guarantee.
(1) 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. Prior to the final acceptance of the Developer
Improvements the City shall require a Performance Bond or
Cash Escrow to cover the one -year warranty provisions of
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Vaughan's First Addition
Development Contract
April 28, 2008
the agreement. The amount shall be determined by the City
Engineer.
III. CITY IMPROVEMENTS
1. There are no City improvements with this project.
IV. RECORDING AND RELEASE
A. The Developer agrees that the terms of this Development Contract 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 Contract with
the Anoka County Recorder to give notice to future purchasers and owners. This
shall be recorded against the Subdivision described on Page 1 hereof City shall
provide to Developer upon payment of all the special assessments levied against a
parcel, a release of such parcel from the terms and conditions of this Development
Contract subject to provisions contained in this contract.
V. REIMBURSEMENT OF 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 and the Developer Improvements including, but not limited to, the
following (See Attachment B for breakdown of costs):
1. Plat Review Fee
2. Planner Review Fee
3. Administration - 3% Construction Cost
4. Engineering
5. Administration
6. Legal - Plat Review
7. Publications
8. Park Dedication Fee
9. Tree Preservation Policy
10. Boulevard Tree Planting
page 6
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Vaughan's First Addition
Development Contract
April 28, 2008
11. Street - Storm Sewer - Pond Maintenance
12. Sealcoating Fund
13. Aerial Photo Recovery Cost
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 charge.
VI. BUILDING PERMITS
A. The Developer agrees that building permits may be issued upon approval of the
Final Plat by the City Council at which time all required Financial Security shall be
in place with the City.
B. Each lot must comply with erosion control measures to prevent any material from
leaving the lot. The City of Lino Lakes will not perform any requested inspections
on the lot until it complies with the erosion control requirements.
C. Each lot must have a City approved Certificate of Grading showing the as-built
survey prior to an issuance of a Certificate of Occupancy. It shall be the
responsibility of the Developer, its purchasers, builders or contractors to ensure
compliance with the grading plan.
VII. HOURS OF CONSTRUCTION ACTIVITY
A. 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
VIII. OWNERSHIP OF IMPROVEMENTS
A. Upon completion of the work and construction required by this contract and
acceptance by the City, the improvements lying within the public easements shall
become City property without further notice or action.
IX. INSURANCE
A. Developer or all its subcontractors shall take out and maintain until one (1) year
after the City has accepted the Developer Improvements, public liability and
property damage insurance covering personal injury, including death, and claims for
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Vaughan's First Addition
Development Contract
April 28, 2008
property damage which may arise out of the Developer's work or the work of his
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 then Two
Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a
combination single limit policy of One Million and no /100 ($1,000,000.00) 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 all its subcontractors 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 (10) days advance
written notice of the cancellation of the insurance. The certificate may not contain
any disclaimer for failure to give the required notice.
X REIMBURSEMENT OF COSTS FOR DEFENSE
A. The Developer agrees to reimburse the City for all costs incurred by the City in
defense of enforcement of this contract, or any portion thereof, including court costs
and reasonable engineering and attorneys' fees if the City prevails in such action.
XI. VALIDITY
A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this
contract 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
Contract.
XII. GENERAL
A. Binding Effect
1. The terms and provisions hereof shall be binding upon and insure 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.
B. Notices
1. 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 hereinbefore set forth on Page 1 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 hereto are as
set forth on Page 1 until changed by notice given as above.
page 8
• C. Final Plat Approval
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Vaughan's First Addition
Development Contract
April 28, 2008
1. Issues discussed in the City Engineer review memo must be addressed to
his satisfaction.
2. A Development Agreement between the city and the developer must be
executed prior to the issuance of any building permits for the site.
3. The final plat must clearly depict all required drainage and utility
easements.
4. The Rice Creek Watershed District must review the project prior to
building permits being issued by the city for any new construction.
5. A boulevard tree shall be provided for each lot frontage.
6. Park dedication must be paid in accordance with the city's fee schedule.
7. Any development of the land contained in Outlot A will first require
replatting that land as a developable lot.
8. As depicted on the utility plan, only one drive access will be allowed from
Lot 1 Block 1 onto Ruffed Grouse Road.
9. Any additional impervious surface coverage proposed for the site will
need to be reviewed and approved by city staff. This may necessitate the
submittal of an updated survey.
XIII. VIOLATIONSBUILDING PERMITS
A. In the event that Developer violates any of the covenants and agreements contained
in this Development Contract and to be performed by the Developer, the City, at its
option, in addition to the rights and remedies as set out hereunder may refuse to
issue building permits and/or Certificate of Occupancies to any property within the
Subdivision until such time as such default has been corrected to the satisfaction of
the City.
XIV. PARK DEDICATION
A. Park dedication shall be paid by the Developer to the City for the lot.
XV. PROPERTY TAXES
A. Should the recording of the Final Plat occur after July 1, any and all property taxes
on any public property dedicated as a part of this plat shall be the responsibility of
the Developer. Dollars shall be incorporated into the escrow agreement to cover the
cost of said property taxes.
page 9
• DEVELOPER CITY OF LINO LAKES
By
Developer
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA
By
Mayor
ATTEST:
Vaughan's First Addition
Development Contract
April 28, 2008
By
Clerk
On this day of , 2008. before me, a Notary Public within and for said
County, personally appeared
(Mayor) and (Clerk), to me known to be respectively the Mayor
and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge
that they executed the same on behalf of said City.
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA
Notary public
On this day of , of 2008, before me, a Notary Public within and for
said County, personally appeared (Developer), to me known to be the
, of , a corporation under the laws of the State of Minnesota, and that
they executed the foregoing instrument and acknowledged that they/he executed the same on behalf
of said corporation.
Notary Public
page 10
ATTACHMENT A
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
• PROJECT NAME: Vaughan's First Addition
NUMBER OF
REU's:
1
April 28, 2008
APPLICANT: Ed Vaughan ASSESSED AREA (ac.): 0.98
BUDGET DEVELOPER CITY ESCROW
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z)
1 SITE GRADING Estimate e $7,355
2 EROSION CONTROL Estimate b $5,368
3 SITE ENGINEERING & SURVEYING Estimate b $1,000
4 LANDSCAPING Estimate e $124
5 STREET CONST. Estimate e $0
6 STORM SEWER CONST.
A. Trunk Estimate e
B. Lateral Estimate e
C. Surface Water Mgmt. Charge (s.f.) $0.124 a $5,283
7 SANITARY SEWER CONST.
A. Trunk Credit $0
B. Trunk Unit Charge (REU) $2,690 a $2,690
C. Front Footage (80 feet) $33.00 e $2,640
•
WATERMAIN CONST.
A. Trunk Credit $0
B. Trunk Unit Charge (REU) $3,560 a $3,560
C. Front Footage (80 feet) $23.00 a $1,840
TOTALS:
$13,847 $16,013 $0
NOTE:
See Attachment B for security amounts to be posted.
City Improvements were performed with the Quail Ridge Development Project
NOTE:
a: Cost by City policy
b: Estimated Cost or Budget by City
c: Previously Assessed
d: Cash Requirement per Agreement with Park Board
e: Provided by Developer
f: Estimate by Feasibility Study
•
ATTACHMENT B
CITY FEES
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Vaughan's First Addition NUMBER
OF REU's:
• APPLICANT: Ed Vaughan
ITEM NECESSARY IMPROVEMENTS
1 PLANNING /REVIEW
A. Plat Review Fee
B. Planner Review Fee
2 ENGINEERING
A. Plan /Plat/Grading Review
B. Preparation of Plans & Specs.
C. Construction Services
D. Construction Staking
E. City Engineering
3 ADMINISTRATION
A. Administration Fee
B. Legal
C. Publications
4 DEVELOPMENT FEES
A. Park Dedication
B. Sealcoating Fee
C. Aerial Photo Fee
5 BOULEVARD TREE PLANTING
6 DEVELOPMENT SECURITIES
A. Tree Preservation
B. Street Lighting - installation
C. Street Lighting - operation
D. Traffic Signing
E. Street, St. Swr., Pond Maint.
F. Other - Property Tax, FEMA
1
ASSESSED AREA (ac.): 0.98
BUDGET DEVELOPER
COST NOTE IMP. (X)
3% of const.
$2,075 /each
N/A
$90 /unit
$480 /frontage
$100 /unit
N/A
N/A
N/A
N/A
N/A
b
b
b
b
b
b
b
a
b
b
d
a
a
b
b
b
b
b
b
b
TOTALS: $0
SECURITY AMOUNTS TO BE POSTED Att. A
X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $20,800
Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT $5,600
Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0
NOTE a: Cost by City policy
b: Estimated Cost or Budget by City
c: Previously Assessed
• d: Cash Requirement per Agreement with Park Board
e: Provided by Developer
April 28, 2008
CITY ESCROW
IMP. (Y) AMOUNT (Z)
$0
Att. B
$0
$0
$8,500
$300
$250
$2,500
$0
$750
$0
$1,500
$0
$100
$50
$2,075
$0
$90
$480
$100
$0
$0
$o
$305
$0
$8,500
Total
$20,800
$5,600
$8,500