HomeMy WebLinkAbout2005-039 Council Resolution•
CITY OF LINO LAKES
RESOLUTION NO. 05 -39
RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT,
TURNBERRY CROSSING SUBDIVISION.
WHEREAS, the City Council approved the Turnberry Crossing Subdivision on September 13,
2004.
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 to insure satisfactory completion of public
improvements.
NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the
Development Contract with Bison Development, Inc., for Turnberry Crossing and authorizes the
Mayor and City Clerk to execute such agreement on behalf of the city.
Adopted by the Lino Lakes City Council this 28th day of March, 2005.
Jean Vgr, Deputy Clerk
Joh Berg:- n, M' or
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AGENDA ITEM 6A
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: March 28, 2005
TOPIC: Resolution No. 05 -39 , Authorizing Execution of Development
Agreement, Turnberry Crossing Subdivision
Vote Required: Simple Majority
BACKGROUND:
The City Council approved the preliminary plat of Turnberry Crossing Subdivision on
September 13, 2004. Turnberry Crossing consists of 23 units of residential
development.
In accordance with the preliminary plat approval and City policy, staff has prepared a
Development Agreement for the Turnberry Crossing Subdivision. The agreement
provides for the following:
• 1. Submittal by the developer of a Letter of Credit in the amount of $400,000.00
representing 150 percent of the development improvement costs and a Letter of
Credit in the amount of $36,000.00 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 $86,000.00 to reimburse the City for
costs incurred by the City related to the development and improvements of the
site and developer improvements.
Bison Development, Inc. has reviewed the contract and is aware of the conditions set
forth.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 05 -39, Authorizing Execution Development Agreement,
Turnberry Crossing Subdivision.
3. Not adopt Resolution Number 05 -39.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 05 -39 be adopted.
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DEVELOPMENT AGREEMENT
Turnberry Crossing
THIS AGREEMENT made this 28th day of March, 2005, 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 Bison Development, Inc. whose address is 9174 Isanti Street N.E., Blaine,
Minnesota 55449, hereinafter referred to as the "Developer ".
WHEREAS, the Developer has received Conditional Use permit approval for a
residential planned unit development from the City Council for a plat of land within the corporate
limits of the City known as Turnberry Crossing, hereinafter called "Subdivision ", said land is
legally described to -wit
LEGAL DESCRIPTION:
Parcels 1 and 2 (Commercial Parcel):
That part of Government Lot 2, Section 20 and that part of the Northeast Quarter of the Northeast
Quarter of Section 19, all in Township 31, Range ?2, Anoka County, Minnesota, described as
follows:
Commencing at the southeast corner of the north 849.40 feet of the west 240.00 feet of
said Government Lot 2 (for the purposes of this description the west line of said
Government Lot 2 is assumed to have a bearing of South 00 degrees 18 minutes 08
seconds West); thence North 82 degrees 52 minutes 55 seconds East, a distance of 38.49
feet; thence South 00 degrees 18 minutes 08 seconds West, parallel with the west line of
said Government Lot 2, a distance of 184.36 feet to the point of beginning of the property
to be described; thence South 00 degrees 18 minutes 08 seconds West, parallel with the
west line of said Government Lot 2, a distance of 233.22 feet to the north line of the south
60.00 feet of said Government Lot 2; thence North 89 degrees 20 minutes 25 seconds
West, along said north line, a distance of 278.18 feet to the east line of said Northeast
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Quarter of the Northeast Quarter of Section 19; thence North 73 degrees 00 minutes 17
seconds West, a distance of 87.11 feet to the easterly right -of -way line of Lake Drive
(formerly known as State Trunk Highway No. 49); thence North 17 degrees 58 minutes
00 seconds East along said easterly right -of -way line, a distance of 217.83 feet to the
intersection with a line drawn westerly, parallel with the north line of said Government
Lot 2 and its westerly extension, from the point of beginning; thence South 89 degrees 29
minutes 07 seconds East, along said parallel line, a distance of 295.52 feet to the point of
beginning.
Parcel 3 (Existing Description for Farm Parcel):
All that part of Government Lot 2, Section 20, Township 31, Range 22, lying within the
following described tract:
Beginning at the southeast corner of the north 849.40 feet of the west 240.00 feet of said
Government Lot 2; thence North 82 degrees 52 minutes 55 seconds East, assumed
bearing system, 38.49 feet; thence South 00 degrees 18 minutes 08 seconds West, parallel
with the west line of said Government Lot 2, 184.36 feet; thence North 89 degrees 29
minutes 07 seconds West, parallel with the north line of said Government Lot 2, 295.52
feet, more or less to the intersection with the easterly right -of -way line of Lake Drive;
thence North 17 degrees 58 minutes East along said easterly right -of -way line 187.90 feet,
more or less to the intersection with the south line of the north 849.40 feet of said
Government Lot 2; thence south 89 degrees 29 minutes 07 seconds East along said south
line of the north 849.00 feet, 200.33 feet, more or less to the point of beginning.
Parcels 4 and 5 (Existing Description):
The south 145.00 feet of the north 849.40 feet of the west 240.00 feet of Government Lot 2,
Section 20, Township 31, Range 22, City of Lino Lakes, Anoka County, Minnesota which lies
east of the easterly right -of -way line of Lake Drive (formerly known as State Trunk Highway No.
49).
Remainder Parcel: (Parcel 6)
That part of Government Lot 2, Section 20, Township 31, Range 22, Anoka County, Minnesota,
described as follows:
Beginning at the southeast corner of the north 849.40 feet of the west 240.00 feet of said
Government Lot 2 (for the purposes of this description the west line of said Government
Lot 2 is assumed to have a bearing of South 00 degrees 18 minutes 08 seconds West);
thence North 82 degrees 52 minutes 55 seconds East, a distance of 38.49 feet; thence
South 00 degrees 18 minutes 08 seconds West, parallel with the west line of said
Government Lot 2, a distance of 103.39 feet to a point on said parallel line distant 314.19
feet northerly of the point of intersection of said parallel line with the north line of the
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south 60.00 feet of said Government Lot 2; thence northerly along a curve concave to the
east, said curve is tangent to said parallel line, has a radius of 230.00 feet and a central
angle of 17 degrees 39 minutes 52 seconds, a distance of 70.91 feet; thence North 17
degrees 58 minutes 00 seconds East, tangent to said curve, a distance of 199.84 feet;
thence North 71 degrees 00 minutes 13 seconds West, a distance of 246.54 feet to the
easterly right -of -way line of Lake Drive, said easterly right-of-way line is described as
follows:
Beginning at a point on the north line of said Government Lot 2, distant 354.43
feet easterly of the northwest corner thereof, for the purposes of this description,
the west line of said Government Lot 2 is assumed to bear South 00 degrees 18
minutes 08 seconds West; thence South 25 degrees 48 minutes 00 seconds West, a
distance of 118.98 feet; thence southwesterly along a tangential curve, concave to
the southeast, having a radius of 2819.22 feet and a central angle of 07 degrees 50
minutes 00 seconds, a distance of 385.44 feet; thence South 17 degrees 58
minutes 00 seconds West, tangent to said curve, a distance of 532.41 feet to the
west line of said Government Lot 2, and there terminating.
thence southerly along said easterly right -of -way line, a distance of 99.93 feet to the
intersection with the south line of the north 704.40 feet of said Government Lot 2; thence
South 89 degrees 29 minutes 07 seconds East along said south line, a distance of 154.21
feet to the east line of the west 240.00 feet thereof; thence South 00 degrees 18 minutes
08 seconds West, along said east line, a distance of 145.00 feet to the point of beginning.
WHEREAS, the Developer is to be responsible for the installation and fmancing of
certain private improvements within the Subdivision; and
'WHEREAS, said private improvements include grading, drainage, sanitary sewer,
water, and driveway improvements; and
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
WHEREAS, the Developer is shall furnish and install said improvements in
accordance with the terms and requirements included within Resolution No. 04 -126 as approved by
the City Council, and as provided in this Development Agreement.
NOW, THEREFORE, in consideration of the mutual promises of the parties made
herein,
• IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the
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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 ".
H. 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 plans shall be
approved by the City of Lino Lakes. 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, and the approval of any other governmental
agency having jurisdiction. The Developer shall construct and install at the
Developer's expense, the following improvements according to the following terms
and conditions:
1. Grading Plan
2.
a) A final site grading plan, with maximum two -foot contours and
cross sections as necessary shall be submitted and approved by the
City prior to commencement of any site grading.
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.
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. 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) 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.
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c) All development shall conform to the natural limitations presented
by the topography and soil of the subdivision in order to create the
best potential for preventing soil erosion.
d) Erosion and siltation control measures shall be coordinated with the
different stages of development. The Developer shall attain an
NPDES Stormwater Permit prior to engaging in any site grading
activities. All terms and conditions of the NPDES permit must be
adhered to by the Developer throughout construction the duration of
construction of the Subdivision from start to finish.
e) 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. The Developer
shall make all necessary adjustments to the curb stops to bring them
flush with the topsoil prior to occupancy.
f) 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.
All disturbed areas shall be sodded or seeded, as designated per the
approved plans, immediately upon completion of grading .
h) All streets shall be protected 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.
i) No soils shall be imported or exported without City approval.
j)
All site grading shall be performed in accordance with the
requirements of the Rice Creek Watershed District.
k) Existing wells and on -site septic systems shall be properly
abandoned.
4. Final access drive and driveway grading, subbase, gravel base, bituminous
binder course, and concrete curb and gutter shall be furnished and installed.
5. Sanitary sewer mains, laterals or extensions, including all necessary building
services and other appurtenances shall be furnished and installed. All
connections to existing City facilities shall be performed by the Developer,
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but only upon approval and authorization of the City of Lino Lakes at least
48 hours prior to making actual connection.
6. Water mains, laterals or extensions, including all necessary building
services, hydrants, valves and other appurtenances shall be furnished and
installed. All connections to existing City facilities shall be performed by
the Developer, but only upon approval and authorization of the City of Lino
Lakes at least 48 hours prior to making actual connection.
7. The Developer shall place iron monuments at all lot and block comers and at
all other angle points on boundary lines. Iron monuments shall be placed
after all street and lawn grading has been completed in order to preserve the
lot markers for future property owners. Lot 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.
8. 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, and storm sewer resulting from the accumulation of said
dirt and debris, prior to issuance of any Certificates of Occupancy.
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.
9. The Developer shall dedicate to the City, prior to approval of the final plat,
at no cost to the City, any permanent or temporary easements that may be
necessary for the construction and installation of the Developer
Improvements. All such easements required by the City shall be in writing,
in recordable form, containing such terms and conditions as the City shall
determine.
10. 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 conunencement of site grading
or construction and prior to the City awarding construction contracts for
public utilities. As previously stated, the Developer shall attain an NPDES
Stormwater Permit, and shall adhere to all terms and conditions of the Rice
Creek Watershed (RCWD) permit. Any work extending into the right of
way of Anoka County shall be subject to the requirements of Anoka County,
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and the Developer shall be responsible for attaining any permits from the
County as may be needed.
11. 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 improvements. 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.
12. Cost of Developer Improvements and description are as shown on
Attachment A.
13. 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.
In addition, stone or brick veneer base shall be included on all four
sides of the buildings, and building colors shall be reviewed and
approved by City staff.
b) All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental
agency having jurisdiction.
c) Prior to the acceptance of Developer Improvements by the City, the
Developer shall obtain final plat approval and record the final 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.
14. 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 final 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
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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 with thirty (30) days written notice. The Irrevocable Letter
of Credit shall be automatically extended for additional periods of
one year from present or future expiration dates unless thirty (30)
days prior to such the City Clerk or Administrator is notified in
writing by certified mail that the Letter of Credit will not be
renewed.
b) Reduction of Escrow Guarantee.
(1) The Developer may request reduction of the Letter of Credit,
or cash deposit based on prepayment or the value of the
completed improvements at the time of the requested
reduction. Prior to the final acceptance of the Developer
Improvements the City shall require a Performance Bond or
Cash Escrow to cover the one -year warranty provisions of
the agreement. The amount shall be determined by the City
Engineer.
III. CITY IMPROVEMENTS
A. There are no new City Improvements for this project.
IV. RECORDING AND RELEASE
A. The Developer agrees that the terms of this Development Contract shall be a
covenant on any and all property included in the Subdivision. The Developer agrees
that the City shall have the right to record a copy of this Development Contract with
the Anoka County Recorder to give notice to future purchasers and owners. This
shall be recorded against the Subdivision described on Page 1 hereof. City shall
provide to Developer upon payment of all the special assessments levied against a
parcel, a release of such parcel from the terms and conditions of this Development
Contract subject to provisions contained in this contract.
• B. Homeowners association declaration/covenants must be submitted for City Attorney
review as required by the City's final plat requirements. In addition, the Developer
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shall convey to the homeowners association of the existing townhomes abutting the
north border of the property, an access easement over the existing access drive.
Prior to approval of the final plat by that City Council, the developer shall submit a
copy of the easement document and proof that the easement document has been
filed with Anoka County. The access drive as it currently exists shall not be altered.
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.
• 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. The Developer further agrees that 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.
C The Developer further agrees that an as -built survey certifying that all the grading
complies with the grading plan prior to issuance of building permits.
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.
TURNBERRY CROSSING
DEVELOPMENT AGREEMENT
3 -28 -2005
E. Model Homes
The Developer agrees that one building permit for model homes may be issued upon
approval of preliminary plat. The number of permits allowed above is based upon
one for each ten acres of the subdivision. The right to obtain such building permits
shall be contingent upon the following:
1. Execution of this development contract, providing a Letter of Credit in the
amount of $50,000.00 and an escrow amount of $5,000.00.
Construction shall be limited to maintain a minimum distance of 150' from
the furthest exterior wall to an improved street as per the State Fire Code.
The Developer may construct and maintain such access in order to meet said
requirements.
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F. Prior to release of the building permit for the model home, the builder shall enter
into a separate agreement with the City which would not allow the building to be
occupied after issuance of certificate of occupancy by anyone other than the builder
for exhibiting the home for model purposes nor would they convey the property to
any other third parties by any means until all of the public and private utilities have
been installed to serve the building and accepted by the City. This includes all other
requirements provided in this agreement.
VII. HOURS OF CONSTRUCTION ACTIVITY
A. All construction activity shall be limited to the hours as follows:
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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 utility and driveway improvements lying within the
public easements shall become the property of the Developer, Property Owners, or
their heirs and assigns, and shall include all maintenance and operation of all
improvements for perpetuity. However, the City of Lino Lakes, in the interest of
public health and safety, shall reserves the right to enter said property and maintain
facilities upon reasonable notice. Any costs incurred by the City of Lino Lakes to
repair and maintain any private facilities shall be billed directly to the property
owners.
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.
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,
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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.
C. Final Plat Approval
1. The City agrees to give final approval to the plat of the Subdivision in
accordance with section VII upon execution and delivery of this agreement
and all required petitions, bonds, security, and documents including the
following:
a) Review and approval of a Homeowner's Association agreement,
which includes provisions for the operation and maintenance of all
signage and buffer areas.
Additional right of way shall be dedicated to Anoka County to total
60 feet from centerline for Lake Drive (CSAH 23).
c) Right of access shall be dedicated to Anoka County along CSAH 23
on the final plat.
d) The final plat must include larger individual unit lots to ensure that
the eaves and any building projection meets the property line
separation to meet fire protection requirements in the building code.
e) The project shall not be final platted until 2005 to comply with the
City's growth management policy.
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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 in an amount of $25,000 shall be paid by the Developer to the City.
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.
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DEVELOPER CITY OF LINO LAKES
By
Developer
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
ATTEST:
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.
Notary public
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
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
ATTACHMENT A
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
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PROJECT NAME: Tumberry Crossing
APPLICANT:
Bison Development, Inc.
ITEM NECESSARY IMPROVEMENTS
1 SITE GRADING
2 EROSION CONTROL
3 SITE ENGINEERING & SURVEYING
4 LANDSCAPING
6 STREET /ACCESS CONST.
7 STORM SEWER CONST.
A. Trunk Estimate
B. Lateral Estimate
C. Surface Water Mgmt. Charge (s.f.) $0.093
8 SANITARY SEWER CONST.
A. Trunk Area Charge (ac.) $2,520
B. Trunk Credit
C. Trunk Unit Charge (REU) $1,095
D. Lateral Estimate
9 WATERMAIN CONST.
A. Trunk Area Charge (ac.) $2,690
B. Trunk Credit
C. Trunk Unit Charge (REU) $1,765
D. Lateral Estimate
BUDGET
COST
Estimate
Estimate
Estimate
Estimate
Estimate
TOTALS
See Attachment B for security amounts to be posted
NOTE:
a:
b:
c:
d:
e:
f:
Cost by City policy
Estimated Cost or Budget by City
Previously Assessed
Cash Requirement per Agreement with Park Board
Provided by Developer
Estimate by Feasibility Study
- 4 0 -
NOTE
e
e
e
e
e
e
e
a
a
e
a
a
e
NUMBER OF REU's:
23
ASSESSED AREA (ac.): 4.05
DEVELOPER CITY ESCROW
IMP. (X) IMP. (Y) AMOUNT (Z)
$60,000
$5,375
$12,300
$24,500
$64,500
$0
$13,000
$16,406
$10,206
$25,185
$12,600
$10,895
$40,595
$14,500
$206,775 $103,287
$0
3/21/2005 Attachments 3- 25- 05.x1s
ATTACHMENT B
CITY FEES
DEVELOPER INSTALLED IMPROVEMENTS
• PROJECT NAME: Turnberry Crossing
APPLICANT:
Bison Development, Inc.
ITEM NECESSARY IMPROVEMENTS
1 PLANNING /REVIEW
A. Plat Review Fee $2,500 b
B. Planner Review Fee $2,500 b
2 ENGINEERING
A. Plan /Plat/Grading Review $5,000 b
B. Preparation of Plans & Specs. $0 b
C. Construction Services $22,500 b
D. Construction Staking $0 b
E. City Engineering $12,500 b
3 ADMINISTRATION
A. Administration Fee - 3% of const. 3% of const. a
B. Legal $1,000 b
C. Publications $1,000 b
4 DEVELOPMENT FEES
A. Park Dedication $25,000 d
B. Sealcoating Fee private a
C. Aerial Photo Fee 90 /unit a
5 BOULEVARD TREE PLANTING 400 /frontage b
6 DEVELOPMENT SECURITIES
A. Tree Preservation 80 /unit b
B. Street Lighting - installation $0 b
C. Street Lighting - operation $0 b
D. Traffic Signing $0 b
E. Street, St. Swr., Pond Maint. $930 b
F. Other - Property Tax, FEMA $0 b
TOTALS:
NUMBER OF REU's:
ASSESSED AREA (ac.):
BUDGET DEVELOPER CITY
COST NOTE IMP. (X) IMP. (Y)
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: Previously Assessed
d: Cash Requirement per Agreement with Park Board
e: Provided by Developer
f: Estimate by Feasibility Study
3/21/2005
- 4 1 -
so $0
23
4.05
ESCROW
AMOUNT (Z)
Att. A Att. B
$400,000 $0
$36,000 $0
$0 $86,000
$2,500
$2,500
$5,000
$0
$22,500
$0
$12,500
$6,200
$1,000
$1,000
$25,000
$0
$2,070
$4,000
$800
$0
$0
$0
$930
$0
$86,000
Total
$400,000
$36,000
$86,000
Attachments 3- 28- 05.x }s