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HomeMy WebLinkAbout2005-040 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 05 -40 RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, HIGHLAND MEADOWS EAST 2ND SUBDIVISION. WHEREAS, the City Council approved the preliminary plat of Highland Meadows East 2 "d Subdivision on January 21, 2004, and a grading only development agreement on November 22, 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 TSM Development, for Highland Meadows East 2" Subdivision 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,Vjger, Deputy Clerk • Joh4:— J. Ber on, ayor • AGENDA ITEM 6B STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 28, 2005 TOPIC: Resolution No. 05 -40, Approving Development Agreement, Highland Meadows East 2nd Subdivision Vote Required: Simple Majority BACKGROUND: The City Council approved the preliminary plat of Highland Meadows East 2nd Subdivision on January 21, 2004 and authorized execution of a grading only development agreement on November 22, 2004. Highland Meadows East 2nd Subdivision consists of 18 units of residential development. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Agreement for the Highland Meadows East 2nd Subdivision Development. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $278,500.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $27,000.00 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 $57,500.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. TSM Development 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 -40, Authorizing Execution Development Agreement, Highland Meadows East 2nd Subdivision. 3. Not adopt Resolution Number 05 -40. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 -40 be adopted. • • DEVELOPMENT CONTRACT Highland Meadows East 2"d Addition 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 TSM Development whose address is 222 Monroe Street, Anoka, Minnesota, 55303, 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 Highland Meadows East 2nd Addition, hereinafter called "Subdivision ", said land is legally described to -wit Outlot A, HIGHLAND MEADOWS EAST, ACCORDING TO THE RECORDED PLAT THEREOF, Anoka County, Minnesota, WHEREAS, the Developer requested that the City construct and finance certain improvements to service the subdivision; 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 herein, NOW, THEREFORE, in consideration of the mutual promises of the parties made • IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the • Highland Meadows East 2"d Addition Development Agreement 3 -28 -2005 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 shall be submitted and approved by the City prior to commencement of any site grading. 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. 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) Developer will provide a tree preservation plan prior to any site grading which shall be in accordance with the City Tree Preservation Policy. Developer shall escrow for boulevard tree planting for each side of a lot which abuts a street. The City Forester shall determine species, size and location. page 2 - 4 5 - Highland Meadows East 2" Addition Development Agreement 3 -28 -2005 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.l, 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 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. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. 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. 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. i) The front 50 feet of the lots, the street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. page 3 - 4 6 - Highland Meadows East 2nd Addition Development Agreement 3 -28 -2005 • j) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All remaining grading must be completed prior to issuance of building permits. 1) 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. m) 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. 5. Final street grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter. 6. Storm sewers when determined to be necessary by the City Engineer, including all necessary laterals, catch basins, inlets and other appurtenances. 7. Sanitary sewer, laterals or extensions, including all necessary building services and other appurtenances. 8. Water, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances. 9. 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. 10. 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. 11. 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 page 4 -47- Highland Meadows East 2"d Addition Development Agreement 3 -28 -2005 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. 12. Street Lighting: a) Residential street lighting shall be owned by the City. Such street lighting system shall be installed, operated, and maintained by the electric utility company. City and electric utility company may enter into a contractual agreement on the rate and maintenance of the street lighting system. b) It shall be the responsibility of the Developer to pay for street lighting operation charges for the initial 15 months of operation of the system. 13. 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. 14. 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 and prior to the City awarding construction contracts for public utilities. 15. 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. 16. Cost of Developer Improvements and description are as shown on Attachment A. 17. 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. page 5 - 4 8 - • Highland Meadows East 2 "d Addition Development Agreement 3 -28 -2005 b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the fmal plat which will dedicate all permanent easements necessary for the construction and installation of the Developer and City Improvements as determined by the City. 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. 18. The Developer shall construct and pay for all improvements as described in the landscaping plan. 19. The Developer shall make an application to FEMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) if it is required. 20. 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 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 page 6 - 4 9 - Highland Meadows East 2nd Addition Development Agreement 3 -28 -2005 guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS A. There are no new City Improvements for this project. 40 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 page 7 - 5 0 - Highland Meadows East 2 "d Addition Development Agreement 3 -28 -2005 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Street Lighting - Install/Operate 10. Traffic Signing Improvements 11. Boulevard Tree Planting 12. Street - Storm Sewer - Pond Maintenance 13. Sealcoating Fund 14. 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 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. 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 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. E. 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. page 8 - 5 1 - Highland Meadows East 2 "d Addition Development Agreement 3 -28 -2005 • 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. 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. page 9 - 5 2 - Highland Meadows East 2 "d Addition Development Agreement 3 -28 -2005 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. Review and approval of informational brochure including Best Management Practices with regard to buffer and wetland area requirements. 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. page 10 -53- Highland Meadows East 2 "d Addition Development Agreement 3 -28 -2005 • XIV. PARK DEDICATION • A. Park dedication for Highland Meadows East 2nd Addition will be $1665 per unit for 18 units, which totals $29,970. 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 11 -54- Highland Meadows East 2" Addition Development Agreement 3 -28 -2005 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. 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 page 12 - 55 - • ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Highland Meadows East 2nd Addition NUMBER OF REU's: 18 APPLICANT: TSM Development ASSESSED AREA (ac.): 3.47 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $5,000 2 EROSION CONTROL Estimate e $2,500 3 SITE ENGINEERING & SURVEYING Estimate e $5,000 4 LANDSCAPING Estimate e $11,740 5 STREET CONST. A. Subgrade /Base Course Estimate e $41,183 B. Wear Course Estimate e $12,480 6 STORM SEWER CONST. A. Trunk Estimate e $0 B. Lateral Estimate e $38,250 C. Surface Water Mgmt. Charge (s.f.) $0.050 a $7,558 7 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) $2,520 a $8,745 B. Trunk Credit $0 C. Trunk Unit Charge (REU) $1,095 a $19,710 D. Lateral Estimate e $38,485 8 WATERMAIN CONST. A. Trunk Area Charge (ac.) $2,690 a $9,335 B. Trunk Credit $0 C. Trunk Unit Charge (REU) $1,765 a $31,770 D. Lateral Estimate e $30,895 TOTALS: $185,533 $77,118 $0 NOTE: • See Attachment B for security amounts to be posted 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 - 5 6 - Attachments 3- 28- 05.xls ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Highland Meadows East 2nd Addition APPLICANT: TSM Development 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 SUBTOTALS: TOTAL NUMBER OF REU's: ASSESSED AREA (ac.): BUDGET DEVELOPER CITY COST NOTE IMP. (X) IMP. (Y) $2,500 b $2,500 b $0 $0 $0 $0 $0 3% of const. $1,000 $1,000 1665 /each Grading Only Credit 90 /unit 80 /unit $2, 000 $225 $500 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) IKE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board 3/21/2005 Attachments 3- 28- 05.xls b b b b b a b b a. a b b b b b b b - 5 7 - $0 18 3.47 ESCROW AMOUNT (Z) $2,500 $2,500 $5,000 $0 $15,000 $0 $7,500 $5,550 $1,000 $1,000 $29,970 $0 $1,620 $0 $0 $2,000 $225 $500 $635 $0 $0 $75,000 $17,500 $57,500 Total $278,500 $27,000 $57,500 Att. A Att. B $278,500 $0 $27,000 $0 $0 $57,500