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
•