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HomeMy WebLinkAbout2008-047 Council Resolution• • • O'Donnell Council Member introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-47 RESOLUTION AUTHORIZING EXECUTION OF A GRADING ONLY DEVELOPMENT CONTRACT, MAIN STREET VILLAGE WHEREAS, the City Council approved the preliminary plat of Main Street Village 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 approval to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Azure Properties, Inc., for Main Street Village and authorizes the Mayor and City Clerk to execute such agreement on behalf of the city. u is ne Bartell, C 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: O'Donnell, Stoltz, Gallup, Bergeson The following voted against same: none (Absent - Reinert) Whereupon said resolution was declared duly passed and adopted. • • AGENDA ITEM 6B STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 28, 2008 TOPIC: Resolution No. 08 -47, Authorizing Execution of a Grading Only Development Contract, Main Street Village Vote Required: Simple Majority BACKGROUND: The developer, Azure Properties, Inc., is requesting to commence grading activities for the Main Street Village Project. The Main Street Village project is located in the southeast quadrant of I -35E and CSAH 14 (Main Street). This project consists of 4 commercial lots and 4 outlots on 28.3 Acres. In accordance with the preliminary plat approved on February 11, 2008 and City policy, staff has prepared a Grading Only Development Contract for the Main Street Village project. The agreement provides for the following: 1. Submittal by the developer of two Letters of Credit: a. Developer Improvement Letter of Credit in the amount of $309,000 representing 150 percent of the construction costs to insure completion of the project in accordance with the approved grading plans. b. City Improvement Letter of Credit in the amount of $27,000 representing 35 percent of the city improvement costs. Deposit of a cash escrow in the amount of $41,000 to reimburse the City for costs incurred by the City related to the development and improvements of the site. Azure Properties, Inc. has reviewed the contract and is aware of the conditions set forth. RECOMMENDATION: Staff recommends approving Resolution Number 08-47, Authorizing Execution of a Grading Only Development Contract for Main Street Village. • • DEVELOPMENT CONTRACT (Site Grading Only) Main Street Village 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 Azure Properties, Inc. whose address is 95 South Owasso Blvd W. Little Canada, Minnesota 55117 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 Main Street Village hereinafter called "Subdivision ", said land is legally described to -wit WHEREAS, the property is described as follows: Tract A, registered land survey no. 240, Anoka County, Minnesota and That part of the Southwest Quarter of the Northeast Quarter of Section 24, Township 31, Range 22 described as follows: Beginning at the point of intersection of the South line of County State Aid Highway 14 and the Easterly right -of —way line of Interstate No. 35E; thence East along said South line of County State Aid Highway No. 14, a distance of 200 feet; thence at a right angle South 250 feet; thence at a right angle West 298.22 feet to the easterly right of way line of Interstate Highway No. 35E; thence Northerly along said Easterly right -of -way line 275.62 feet to the point of beginning, according to the United States Government Survey thereof. • activities, and WHEREAS, the Developer has requested approval to commence with site grading • • • Development Contract — Site Grading Only Main Street Village April 28, 2008 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 NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PAR11ES 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 ". II. DEVELOPER'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its reasonable 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 one -foot contours as required in the I -35E AUAR and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. b) The grading plan and all site grading shall be provided and conducted in accordance with the plan as approved by the City, NPDES requirements and the Rice Creek Watershed District. The Developer shall perform the work in accordance with a Stormwater Pollution Prevention Plan in accordance with Minnesota Pollution Control Agency (MPCA) requirements. c) The Developer shall be responsible for securing all required site grading and development approvals and permits from all Federal, State, Regional and Local agencies with jurisdiction or as applicable prior to the commencement of site grading or construction. page 2 • Development Contract — Site Grading Only Main Street Village April 28, 2008 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. The erosion control plan shall also be subject to the approval of any other governmental agency having jurisdiction. b) The Developer shall submit a Turf Establishment Plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 3. Tree Preservation Plan a) The Developer shall provide a tree preservation plan prior to any site grading and include a delineated preservation area, subject to the approval of the City prior to any work activity on the site. The tree preservation plan shall also be completed in accordance with the City Tree Preservation Policy, and shall be covered within a legal covenant for each property. The Developer shall provide a cash escrow as security, in the amount specified in Attachment B, to insure implementation of the Tree Preservation Plan. Site activities shall not commence until review of the plan and site has been completed and approved by the City Engineer, City Forester, and any other governing agency with jurisdiction as required. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. 4. 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, II.A.2, and II.A.3 as listed above. b) 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. c) All development shall conform to the natural limitations presented by the topography and soil of the site in order to create the best potential for preventing soil erosion. page 3 • Development Contract — Site Grading Only Main Street Village April 28, 2008 d) Erosion and siltation control measures shall be coordinated with the different stages of development as applicable. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. f) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. g) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. h) All disturbed areas shall be seeded using City seed specifications or sodded as designated per the plans. i) The street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. j) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All infiltration and biofiltration areas shall be protected from compaction by the installation of construction fence after initial grading is complete. 1) All remaining grading must be completed prior to issuance of building permits. m) 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. n) The developer's engineer shall certify, in writing with an as-built survey that all grading complies with the grading plan prior to issuance of building permits. page 4 • • Development Contract — Site Grading Only Main Street Village April 28, 2008 o) A legal covenant shall be included within the developments association documents prohibiting the use of phosphorus on lawns. The developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvements as proposed. p) 5. 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. 6. The Developer agrees to maintain, at all times before acceptance of the streets by the City, an access road suitable for use by emergency, police and fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from any structure built within the Subdivision. 7. 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. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. 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. 8. Other Construction a) In the event that damage to the streets or other City infrastructure result from said improvement work, the Developer shall be responsible for effecting said repairs, or the City shall withhold escrows or deposits as the City deems appropriate and necessary. b) The Developer shall provide a financial security or cash escrow to assure completion of the grading and restoration, in the event that the work is not completed by the Developer. page 5 • Development Contract — Site Grading Only Main Street Village April 28, 2008 c) No burning of vegetation cleared during construction shall be allowed. 9. All development association declarations, covenants, and property and legal requirements as required in this Agreement shall be submitted to the City Attorney for review as required by the City's fmal plat requirements. In addition, an additional contract agreement shall be agreed upon between the City and developer that provides for the subsequent construction, ownership and maintenance of City owned utilities (sanitary sewer and water) and the access street that will be privately owned and maintained. 10. Cost of Developer's Improvements, description and completion dates are as shown on Attachment A. 11. 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 fmal plat approval and record the fmal plat which will dedicate all permanent easements necessary for the construction and installation of the Developer's and City's Improvements as determined by the City. d) All Construction debris and trash shall be properly disposed of at the developers expense and in a timely manner as determined by the City. 12. The Developer shall be required to obtain all necessary permits and approvals from all governmental agencies as required, including necessary right -of -way, temporary easements, or permanent easements for the construction. 13. The Developer shall make an application to FEMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) to revised the existing Flood Plain maps consistent with the proposed grading plan if it is necessary. 14. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit page 6 • Development Contract — Site Grading Only Main Street Village April 28, 2008 (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's 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 fmal acceptance of the Developer's Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY'S IMPROVEMENTS A. No City improvements are proposed under the grading project. page 7 • • Development Contract — Site Grading Only Main Street Village April 28, 2008 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 plat 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 11. Street - Storm Sewer - Pond Maintenance 12. Sealcoating Fund 13. Aerial Photo Recovery Cost 14. AUAR Fee 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. page 8 Development Contract — Site Grading Only Main Street Village April 28, 2008 • 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. The Developer further agrees that City Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. B. The Developer shall submit an as-built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. C. 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 to the erosion control requirements. D. 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 set out by City Council 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 grading work required by this contract and acceptance by the City, the site improvements shall remain privately owned and maintained. The City of Lino Lakes, in the interest of public safety and welfare shall reserve the right to enter and maintain drainage facilities within the designated drainage and utility easements. An additional development contract shall be prepared agreed between the City and developer that will address subsequent site improvements after site grading is completed. Subsequent improvements shall include but not be limited to streets and utilities. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property page 9 Development Contract — Site Grading Only Main Street Village April 28, 2008 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 10 • • • Development Contract — Site Grading Only Main Street Village April 28, 2008 C. Conditions 1. A Stormwater Pollution Prevention Plan (SWPPP) in accordance with Minnesota Pollution Control Agency (MPCA). The SWPPP must contain the name and a 24 -hour telephone number of the responsible manager of the SWPPP. All references to MNDOT seed mix must be changed to the City native seed mix. 2. Silt fence must be added around the excavation for safety reasons. 3. Properly fence and barricade entrances to prevent the general public from depositing garbage or refuse. 4. Properly fence and barricade infiltration and biofiltration areas to prevent compaction. 5. Maximum slope on any excavation shall be a 1 to 1 and in such condition as not to be dangerous because of sliding or caving side slopes. 6. Only topsoil will be allowed to be brought into the site (Not applicable to Grading Only Agreement). 7. A rock trench entrance shall be installed and maintained at all times. 8. Dust and wind erosion must be confined to the site and be controlled by watering as necessary. 9. Street sweeping shall occur as necessary. 10. Permits from the Rice Creek Watershed District must be submitted to the City prior to any activity. All activities on the site must comply with the Rice Creek Watershed District requirements. 11. Areas that will not be worked on within 48 hours are required to be hydro - seeded (Not applicable to Grading Only Agreement). 12. On the sites of the multi -user retail buildings, there must be enough parking to accommodate all uses of the entire building. No individual use may create a parking demand that uses up the parking and does not allow enough for other uses of the building. The City may deny building permits or otherwise prevent an individual use of the sites if this condition would be violated. page 11 • • Development Contract — Site Grading Only Main Street Village April 28, 2008 13. Any restaurant use that includes outdoor seating with service by wait staff will require a conditional use permit and must meet conditions listed in the Zoning Ordinance. 14. The permit from the Rice Creek Watershed District must be obtained and a copy submitted to the City prior to site work commencing. 15. City Engineer review comments must be addressed to his satisfaction. 16. Irrigation shall be required in all areas to be sodded and the irrigation shall be shown on the landscaping plan or listed in details. 17. On the Lot 2 Block 1 site, truck deliveries shall not occur during business hours or if they do, parking spaces along the west side of the building shall be blocked off prior to the delivery. 18. An easement for access to the City water tower is required and an executed easement shall be submitted to the City prior to final plat approval. 19. The following staging of construction of internal and external road improvements shall be required and shall be addressed in the development agreement. a) The developer shall construct a right turn lane (southbound Otter Lake Road turning right into the project site) at the northern access (existing bank access road) with phase one, in accordance with Anoka County standards. b) The developer shall stripe a left turn lane and through lane on northbound Otter Lake Road at the northern access with phase one, in accordance with Anoka County standards; a concept striping plan shall be submitted to the City and County for review. c) The northern access on Otter Lake Road shall be converted to right in/right out with any additional development that is not included in phase one. d) The southern access road to Otter Lake Road shall be constructed with any additional development that is not included in phase one. e) To address the City requirement that traffic generated by a proposed subdivision will not degrade the level of service more than one grade with any additional development that is not included in phase one, the developer shall make needed page 12 • • • Development Contract — Site Grading Only Main Street Village April 28, 2008 improvements to Otter Lake Road south of Main Street, including the southern access intersection, including at a minimum through lanes, turn lanes, and medians in accordance with Anoka County requirements; this may or may not include signalization of the southern access intersection, depending on signal warrants, as determined by Anoka County and the City (Not applicable to Grading Only Agreement). fj With any additional development that is not included in phase one, the developer shall make needed improvements to old Otter Lake Road service road access (west entrance to site) to serve the project, in accordance with City standards (Not applicable to Grading Only Agreement). 20. An additional ten (10) feet of right of way must be dedicated for Otter Lake Road, rather than the five (5) feet shown on the plat, to total 60' from centerline. This must be included on the final plat. 21. Any comments from the Anoka County Highway Department must be addressed prior to site work commencing and all County requirements shall be fulfilled (Not applicable to Grading Only Agreement). 22. Documentation showing agreement between the existing bank and the developer regarding the relocation of the bank driveway as shown on plans must be submitted to the City prior to final plat approval (Not applicable to Grading Only Agreement). 23. The project shall include pedestrian connection to the proposed trail along the south side of Main Street. 24. A property owners association shall be created and shall address the management of common and shared elements of the site. The declaration of covenants and conditions shall be submitted to the City for review prior to final plat approval. The development agreement between the developer and the City shall require that the developer record the declaration of covenants and conditions with the final plat. 25. A storm water facilities maintenance agreement must be executed and shall prohibit snow storage in the large wetlands in Outlots B and D. 26. A snow removal plan shall be addressed prior to final plat and shall be included in the property owners association documents and management agreements. page 13 • • • Development Contract — Site Grading Only Main Street Village April 28, 2008 27. Storm water management for future development of the site is not addressed by the current application. Future development will be reviewed and must comply with the I -35E AUAR requirements. 28. Park Dedication Fee described in the fee schedule shall be paid prior to commencement of utility construction. 29. The AUAR Fee described in the fee schedule shall be paid prior to site work commencing. 30. Any use that requires a conditional use permit, as listed in the Lino Lakes Zoning Ordinance, shall comply with requirements for the conditional use permit. 31. A 20' drainage and utility easement shall be platted along the site's northern edge, abutting Main Street. 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. 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 14 Development Contract — Site Grading Only Main Street Village April 28, 2008 • DEVELOPER CITY OF LINO LAKES • • By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA By Mayor ATTEST: By Clerk On this day of , 20_. 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 20, 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 15 • ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: APPLICANT: Main Street Village Azure Properties ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 5 STREET CONST. A. Subgrade /Base Course B. Wear Course C. Turn Lanes 6 STORM SEWER CONST. A. Trunk B. Lateral C. Surface Water Mgmt. (Commercial) 7 SANITARY SEWER CONST. • A. Trunk Credit B. Trunk Unit Charge (REU) C. Lateral 8 WATERMAIN CONST. A. Trunk Credit B. Trunk Unit Charge (REU) C. Lateral TOTALS: BUDGET COST Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate $0.184 $2,690 Estimate NOTE b b b c a d $3,560 a Estimate See Attachment B for security amounts to be posted NOTE: • NUMBER OF REU's: ASSESSED AREA (ac.): DEVELOPER IMP. (X) $186,000 $10,065 $10,000 $206,065 April 28, 2008 xx 28.3 CITY ESCROW IMP. (Y) AMOUNT (Z) $ 77,678.95 $77,679 a: Cost by City policy b: Provided by Developer c: Surface Water Management Charges Based on upland areas of Outlot A, C, D, Lot 1 and 2 of Block 1 and Lot 1 and 2 of Block 2 (9.69 Acres). Surface Water Management Charges for Outlot B will be collect with development. d: Sanitary and Watermain Assessments assessed on October 31, 1997 will be credit with full development agreements. ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Main Street Village NUMBER OF REU's: IV IV APPLICANT: Azure Properties ASSESSED AREA (ac.): 28.3 April 28, 2008 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $2,600 B. Planner Review Fee $2,605 2 ADMINISTRATION A. Legal $1,000 B. Administration Fee 3% of const. $6,182 C. Publications $1,000 3 ENGINEERING A. Plan /Plat/Grading Review $5,000 B. Prep of Plans & Specs. $0 C. Construction Services $10,000 D. Construction Staking $0 $0 E. City Engineering $5,000 4 DEVELOPMENT FEES A. Park Dedication Fee $2175 /unit $0 B. Sealcoating Fee $0.29/SF b $0 C. Aerial Photo Fee 90 /unit b $0 BOULEVARD TREE PLANTING $480 /tree b $0 6 DEVLOPMENT SECURITIES A. Tree Preservation $100 /unit b $0 B. Street Lighting - installation TBD b $0 C. Street Lighting - operation TBD b $0 D. Traffic Signing a $0 E. Street, Storm Sewer, Pond Maint. b $0 F. AUAR Fee $269 /Acre c $7,613 TOTALS: $41,000 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $309,000 $0 $309,000 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT)** $27,000 $0 $27,000 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $41,000 $41,000 NOTE: a: Cost by City policy b: Estimated Cost or Budget by City will apply to full development agreement c: AUAR Fee Based on the 28.3 Acre Site TBD = To Be Determined •