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HomeMy WebLinkAbout2005-053 Council Resolution• • CITY OF LINO LAKES RESOLUTION NO. 05 -53 RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, VAUGHAN ADDITION. WHEREAS, the City Council approved the preliminary plat for the Vaughan Addition on January 10, 2005. 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 to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the. Lino Lakes City Council approves the Development Contract with Mike Vaughan, LLC, for Vaughan Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 11th day of April, 2005. • Ann BI it, City Clerk /J. Be : eso Mayor • AGENDA ITEM 6Eii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: April 11, 2005 TOPIC: Resolution No. 05 -53, Authorizing Execution of Development Agreement, Vaughan Addition Vote Required: Simple Majority BACKGROUND: The City Council approved the preliminary plat of Vaughan Addition on January 10, 2005. Vaughan Addition consists of 5 units of residential development. In accordance with the Development Agreement approval and City policy, staff has prepared a Development Agreement for the Vaughan Addition Development. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $225,000.00 representing 150 percent of the development improvement costs and, a Letter of Credit in the amount of $11,000.00 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 $48,000.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Mike Vaughan, LLC 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 -53, Authorizing Execution of Development Agreement, Vaughan Addition. 3. Not adopt Resolution Number 05 -53. RECOMMENDATION Option No. 2 - Staff recommends that Resolution Number 05 -53 be adopted. • • DEVELOPMENT AGREEMENT Vaughan Addition THIS AGREEMENT made this llth day of April, 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 Mike Vaughan. LLC whose address is 600 Birch Street, Lino Lakes, Minnesota 55038, 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 Vaughan Addition, hereinafter called "Subdivision ", said land is legally described to -wit LEGAL DESCRIPTION: That part of the North 345.8 feet of the Southeast 1/4 of Southwest 1/4 of Section 29, Township 31 North, Range 22 West, lying East of the West 879.46 feet, except the East 60 feet thereof. WHEREAS, the Developer is to be responsible for the installation and financing 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. Vaughan Addition Development Contract 4 -11 -2005 herein, NOW, THEREFORE, in consideration of the mutual promises of the parties made 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 ". 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 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 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. 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. 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. Vaughan Addition Development Contract -2005 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. 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. g) 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. page 3 - 7 0 - Vaughan Addition Development Contract 4 -11 -2005 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, 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 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 comer 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 commencement 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 page 4 -71- Vaughan Addition Development Contract 4 -11 -2005 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, 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 terns 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 page 5 -72- Vaughan Addition Development Contract 4 -11 -2005 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 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. Vaughan Addition Development Contract 4 -11 -2005 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 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 the 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. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Plat Review Fee Planner Review Fee Administration - 3% Construction Cost Engineering a) Administration Legal - Plat Review Publications Park Dedication Fee Tree Preservation Policy Boulevard Tree Planting Street - Storm Sewer - Pond Maintenance Sealcoating Fund 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 Vaughan Addition Development Contract 4 -11 -2005 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. Model Homes The City agrees that one structure can be installed as a model home upon approval of final plat. The right to obtain such building permits shall be contingent upon the following: V " 1. Execution of this development contract, providing a Letter of Credit in the amount of $100,000.00 and an escrow amount of $10,000.00. Construction shall be limited to maintain a minimum distance of 150' from the furthest exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and maintain such access in. order to meet said requirements. 3. Prior to release of the building permits for one structure, 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 D. 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. 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 -75- • • VII. HOURS OF CONSTRUCTION ACTIVITY Vaughan Addition Development Contract 4 -11 -2005 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 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 Vaughan Addition Development Contract 4 -11 -2005 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. 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) Right of access shall be granted to Anoka County. XIII. VIOLATIONS/BUILDING 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 page 10 -77- • • Vaughan. Addition Development Contract 4 -11 -2005 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 $10,375.00 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. page 11 -78- • DEVELOPER By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this 12 .tC day of personally appeared r— (Mayor) and AYLr, t tEIV • (Clerk), to me known to be respectively the Mayor and Cid& of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. CITY OF LINO LAKES By Mayor ATTEST: By Clerk Vaughan Addition Development Contract 4 -11 -2005 , 20° rbefore me, a Notary Public within and for said County, 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 ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS • DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Vaughan Addition APPLICANT: Mike Vaughan, LLC 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.) $0.050 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: 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 ***Assessment previously paid for one (1) parcel. 4/4/2005 NOTE e e e e e - 8 0 - e e a a e a a e NUMBER OF REU's: 5 ASSESSED AREA (ac.): 2.91 DEVELOPER CITY ESCROW IMP. (X) IMP. (Y) AMOUNT (Z) $23,220 $4,260 $15,000 $0 $49,567 $o $18,510 $6,338 $6,703 $0 $4,380 $25,57o $7,155 $0 $7,060 $13,710 $149,837 $31,636 $0 Attachments.xis • ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Vaughan Addition APPLICANT: Mike Vaughan, LLC 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 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 TOTALS: NUMBER OF REU's: ASSESSED AREA (ac.): BUDGET DEVELOPER CITY COST NOTE IMP. (X) IMP. (Y) $1,250 b $1,250 b $2,500 b $0 b $10,000 b $0 b $5,000 b 3% of const. a $1,000 b $1,000 b $2075 /each d a $90 /unit a $400 /frontage b $80 /unit b $2,000 b $225 b $500 b $975 b $0 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: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study 4/4/2005 - 8 1 - 5 2.91 ESCROW AMOUNT (Z) $0 $0 Att. A Att. B $225,000 $0 $11,000 $0 $0 $48,000 $1,250 $1,250 $2,500 $D $10,000 $0 $5,000 $4,500 $1,000 $1,000 $10,375 $2,350 $450 $2,000 $400 $4,000 $450 $500 $975 $0 $48,000 Total $225,000 $11,000 $48,000 Attachments.xls