HomeMy WebLinkAbout2008-088 Council ResolutionCouncil Member i?einerDintroduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 08-88
RESOLUTION APPROVING DEVELOPMENT CONTRACT, BYRNE LANGER
ADDITION
WHEREAS, the City Council approved a Preliminary Plat on August 25, 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 Scott Byrne for Byrne Langer Addition and authorizes the Mayor
and City Clerk to execute such agreement on behalf of the City.
i. e Bartell, Ci Clerk
Adopted by the Lino Lakes City Council this 25th day of August 2008.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gal I IA 10
and upon vote being taken thereon, the following voted in favor thereof:
1-Tetnert,Gal(IA49, ' + t t z, 0' 7orwle 1(,13ergesoi
The following voted against same:
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Whereupon said resolution was declared duly passed and adopted.
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AGENDA ITEM 6.A.ii
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: August 25, 2008
TOPIC: Resolution No. 08 -88, Approving Development Contract,
Byrne Langer Addition
VOTE REQUIRED: Simple Majority
BACKGROUND:
The Byrne Langer Addition is located in the Clearwater Creek 4th Addition on the northeast
corner of 65th Street and Elmcrest Avenue. The total acreage of the parcel is 0.92 acres. The lot
splitting will create two parcels with two new residences. One of the new parcels has Sanitary
Sewer and Watermain services that were installed with the Clearwater Creek 4th Addition and the
other new parcel will have Sanitary Sewer and Watermain services install as part of this
development agreement. The assessments for the new parcel with the existing services were paid
as a part of the Clearwater Creek 4th Addition. The assessments for the services to be installed
are included in the attached development agreement.
In accordance with the preliminary plat approval and City policy, staff has prepared a
Development Contract. The contract provides for the following:
1. Submittal by the developer of a Letter of Credit in the amount of $75,000.00 representing
150 percent of the development improvement costs and a Letter of Credit in the amount
of $2,500.00 representing 35 percent of the City improvement costs to insure completion
of the project in accordance with the approved plans.
2. Deposit of a cash escrow in the amount of $4,500 to reimburse the City for costs incurred
by the City related to the development and improvements of the site.
The Planning and Zoning Board approved the Preliminary Plat for the Byrne Langer Addition on
May 14, 2008 by a vote of 6 -0. Scott Byrne has reviewed the contract and is aware of the
conditions set forth.
RECOMMENDATION:
• Staff recommends approval of Resolution No. 08 -88 for the Development Contract, Byrne
Langer Addition.
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DEVELOPMENT CONTRACT
Byrne Langer Addition
THIS AGREEMENT made this 25th day of August 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 Scott and Victoria Byrne 1410 Canfield Road, Hugo, Minnesota 55038 hereinafter
referred to as the "Developer ".
WHEREAS, the Developer has received preliminary plat approval from the City
Council on xxxx, xx, 2008 for a plat of land within the corporate limits of the City known as Byrne
Langer Addition, hereinafter called "Subdivision ", said land is legally described to -wit
Lot 13, Block 3 of the Clearwater Creek 4th Addition.
WHEREAS, the developer is splitting the above described land into two lots, with
two additional residences, which will be legally described to -wit
Lot 1 and 2, Block 1 of the Bryne Langer Addition.
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 financing 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
Byrne Langer Addition
Development Contract
August 25, 2008
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 ".
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.
page 2
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Byrne Langer Addition
Development Contract
August 25, 2008
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 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.
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 final 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.
page 3
Byrne Langer Addition
Development Contract
August 25, 2008
• 10. Construction of Developer's Improvements:
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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 and City
Improvements as determined by the City.
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
page 4
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Byrne Langer Addition
Development Contract
August 25, 2008
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
the agreement. The amount shall be determined by the City
Engineer.
III. CITY IMPROVEMENTS
1. Guarantee
a) Faithful Performance of Construction Contracts and Letters of Credit
1. 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 (35 %) percent of
the total estimated cost of City 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 City
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.
page 5
Byrne Langer Addition
Development Contract
August 25, 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
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
a) Administration
5. Legal - Plat Review
6. Publications
7. Park Dedication Fee
8. Tree Preservation Policy
9. Boulevard Tree Planting
10. Street - Storm Sewer - Pond Maintenance
11. Sealcoating Fund
12. 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.
page 6
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Byrne Langer Addition
Development Contract
August 25, 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.
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
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.
page 7
Byrne Langer Addition
Development Contract
August 25, 2008
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 parry 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.
C. Final Plat Approval
1. All lots in the plat, including the existing home, must agree to connect to
City utilities. The City will not approve the final plat without legally
enforceable assurance that all properties will connect and existing onsite
septic systems will be appropriately abandoned.
2. Existing wells shall be capped when required by Minnesota Dept. of
• Health requirements.
page 8
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Byrne Langer Addition
Development Contract
August 25, 2008
3. Issues discussed in the City Engineer review memo must be addressed to
his satisfaction.
4. The Grading, Drainage and Utility Plan indicates that grading and silt
fence installation will occur on the adjacent lot on the west side of the
proposed addition. Written approval from the adjacent property owners
must be submitted.
5. A development agreement between the city and the developer must be
executed prior to the issuance of any building permits for the site.
6. Park dedication must be paid in accordance with the city's fee schedule.
7. The Rice Creek Watershed District must review the project prior to
building permits being issued by the city for any new construction.
8. A boulevard tree shall be provided for each lot frontage.
9. The existing structure must be demolished prior to the recordation of the
final plat.
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 each 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
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Byrne Langer Addition
Development Contract
August 25, 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 10
ATTACHMENT A
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
AUGUST 25, 2008
• PROJECT NAME: Byrne Langer Addition NUMBER OF 2
REU's:
APPLICANT: Scott and Victoria Byrne ASSESSED AREA (ac.): 0.92
BUDGET DEVELOPER CITY ESCROW
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z)
1 SITE GRADING Estimate e $40,000
2 EROSION CONTROL Estimate e $0
3 SITE ENGINEERING & SURVEYING Estimate e $0
4 LANDSCAPING Estimate e $0
5 STREET CONST. Estimate e $5,000
6 STORM SEWER CONST.
A. Trunk Estimate e
B. Lateral Estimate e
C. Surface Water Mgmt. Charge (s.f.) $0.124 c $0
7 SANITARY SEWER CONST.
A. Sanitary Sewer $5,000
B. Trunk Unit Charge (REU) $2,690 a $2,690
C. Front Footage $33.00 c $0
SWATERMAIN CONST.
A. Watermain $5,000
B. Trunk Unit Charge (REU) $3,560 a $3,560
C. Front Footage $23.00 c $0
TOTALS: $55,000 $6,250 $0
NOTE: City Improvements costs are based on one lot of the two lots.
City Improvements for one of the lots was assessed with the Clear Water Creek 4th Addition Development Agreement.
See Attachment B for security amounts to be posted.
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
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ATTACHMENT B
CITY FEES
DEVELOPER INSTALLED IMPROVEMENTS
0 PROJECT NAME: Byrne Langer Addition
APPLICANT: Scott and Victoria Byrne
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 - 3% of const
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
SUBTOTAL:
Escrow Credit
TOTALS:
NUMBER
OF REU's:
ASSESSED AREA (ac.): 0.92
AUGUST 25, 2008
2
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
c
a
a
b
b
b
b
b
b
b
SECURITY AMOUNTS TO BE POSTED
X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT)
Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT,
Z = CITY FEE COSTS X 1.0 (CASH ESCROW)
NOTE a: Cost by City policy
b: Estimated Cost or Budget by City
c: Cash Requirement per Agreement with Park Board
$0
$0
Att. A
$75,000
$2,500
$0
CITY ESCROW
IMP. (Y) AMOUNT (Z)
$0
$0
Att. B
$0
$0
$4,500
$250
$250
$600
$0
$750
$0
$1,500
$0
$100
$50
$2,075
$0
$90
$960
$200
$0
$0
$0
$175
$0
$7,000
$2,500
$4,500
Total
$75,000
$2,500
$4,500