HomeMy WebLinkAbout2005-098 Council Resolution •
CITY OF LINO LAKES
RESOLUTION NO. 05-98
RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR SITE GRADING ONLY,
APOLLO LANDING.
WHEREAS, the City Council issued a preliminary plat and Planned Unit Development approval
for Apollo Landing on May 9, 2005, and
WHEREAS, the Developer, Equinox Development is requesting approval to commence grading
work of such development to be known as Apollo Landing; and,
WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of
a development contract, between the Developer and the City of Lino Lakes, prior to
commencement of site construction activities and final plat approval to insure satisfactory
completion of public improvements.
NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the
Development Agreement (Site Grading Only) with Equinox Development for Apollo Landing and
authorizes the Mayor and City Clerk to execute such agreement on behalf of the City.
• Adopted by the Lino Lakes City Council this 25th day of July, 2005.
John . Berge on, yor
Ann J. Blai , City Clerk
•
- 87-
•
AGENDA ITEM 6D
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: July 25, 2005
TOPIC: Resolution No. 05 — 98, Approving Development Agreement (Site
Grading Only), Apollo Landing.
Vote Required: Simple Majority
BACKGROUND:
The City Council authorized a preliminary plat and Planned Unit Development
approval on May 9, 2005 to provide for a proposed development titled Apollo
Landing. The Developer, Equinox Development is now requesting approval to
begin grading work. Apollo Landing provides for the construction of a 5 lot
commercial subdivision on property located at 540 Lilac Drive.
In accordance with the preliminary plat approval and City policy, staff has
. prepared a Development Agreement for Site Grading Only. The contract
provides for the following:
1. Submittal by the developer of a Letter of Credit in the amount of
$26,000.00 representing 35 percent of the development improvement
costs to insure completion of the project in accordance with the approved
plans.
2. Deposit of a cash escrow in the amount of$12,000.00 to reimburse the
City for costs incurred by the City related to the development and
improvements of the site and developer improvements.
Equinox Development has reviewed the agreement and is aware of the
conditions set forth.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 05 — 98, Approving Development Agreement for
Site Grading Only, Apollo Landing.
RECOMMENDATION:
• Option No. 2 - Staff recommends that Resolution Number 05 — 98 be adopted.
- 86-
- I IIIIII IIIII Illli IIIII IIIII IIIII IIIII Iill IIII
Record ID 1636694
1980549 . 003
Certification of Resolution No. 05-98
Councilmember Reinert introduced Resolution No. 05-q 9,at the regularly scheduled meeting of
the Lino Lakes City Council held on July 25, 2005, and moved its adoption.
The motion for adoption of the foregoing resolution was duly seconded by
Councilmember Dahl and upon vote being taken thereon, the following voted in favor thereof:
Reinert, Dahl, Bergeson, Carlson and Stoltz.
The following voted against same:
None.
Whereupon said resolution was declared passed and adopted.
STATE OF MINNESOTA )
COUNTY OF ANOKA )
CITY OF LINO LAKES )
I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do
hereby certify that the attached document is a true copy of Resolution No. 05-98 with the
original thereof on file in the City Clerk's office, and the same is a full, true and complete copy
insofar as the same relates to:
CERTIFICATION OF RESOLUTION NO. 05-98
APPROVING A DEVELOPMENT AGREEMENT FOR SITE GRADING ONLY, APOLLO
LANDING
Witness my hand as said City Cse'k and the Corporate Seal of the City this 10 day of
December.2005.
.a t
CITY OF LINO LAKES
RESOLUTION NO. 05-98
RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR SITE GRADING ONLY,
APOLLO LANDING.
WHEREAS, the City Council issued a preliminary plat and Planned Unit Development approval
for Apollo Landing on May 9, 2005, and
WHEREAS, the Developer, Equinox Development is requesting approval to commence grading
work of such development to be known as Apollo Landing; and,
WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of
a development contract, between the Developer and the City of Lino Lakes, prior to
commencement of site construction activities and final plat approval to insure satisfactory
completion of public improvements.
NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the
Development Agreement (Site Grading Only) with Equinox Development for Apollo Landing and
authorizes the Mayor and City Clerk to execute such agreement on behalf of the City.
Adopted by the Lino Lakes City Council this 25t�' day of July, 2005.
John . Berge on, Miyor
Ann J. Bla' City Clerk
I
i
- 87-
DEVELOPMENT AGREEMENT
Apollo Landing—Grading Only
THIS AGREEMENT made this 25 h day of July,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 Equinox Development whose address is 425 Arrowhead Drive,Minnesota 55014
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 of Lino Lakes,Anoka County,
Minnesota known as Apollo Landing,hereinafter called"Subdivision", said land is legally
described to-wit
That part of the West 660.00 feet of the Southeast Quarter of the Southwest Quarter of
Section 8, Township 31, Range 22, lying South of the North 500.00 feet and North of the
South 500.00 feet thereof,
AND -
That part of the West 500.00 feet of the South 500.00 feet of the Southeast Quarter of the
Southwest Quarter of Section 8, Township 31, Range 22, lying easterly of the following
described line: Commencing at the Southwest Corner of said Southeast Quarter of the
Southwest Quarter; thence Easterly along the South line of said Southeast Quarter of the
Southwest Quarter a distance of 320.00 feet to the actual point of beginning of the line to
be described: thence Northerly at a right angle, a distance of 500.00 feet and there
terminating,
AND
Grading Only-Development Agreement
Apollo Landing
July 25, 2005
That part of the East 160.00 feet of the West 660.00 feet of the South 500.00 feet of the
Southeast Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, lying
North of a line being 50.00 feet North of the centerline of public street described as
follows: Commencing at the South Quarter Corner of said Section 8, Township 31,
Range 22; thence on an assumed bearing of West along the South line of said Southeast
Quarter of the Southwest Quarter a distance of 836.79 feet to the point of beginning of the
centerline to be described; thence Northeasterly 1124.51 feet along the arc of a non-
tangential curve, concave to the Southeast, having a central angle of 78 degrees 42
minutes 57 seconds, ana a radius of 818.51 feet, the long chord of which bears North 67
degrees 05 minutes 31 seconds East 1038.14 feet; thence South 73 degrees 33 minutes 00
seconds East a distance of 221.72 feet, more or less, to the centerline of Lake Drive and
there terminating.
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
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
page 2
Grading Only-Development Agreement
Apollo Landing
July 25, 2005
install at Developer's expense the following improvements according to the
following terms and conditions:
l. 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.
b) The Developer shall remove, dispose of,or treat all dead and
diseased trees in accordance with the City Forester's
recommendation before building permits will be issued.
4. Grading and Erosion Control Construction&Maintenance
a) Prior to the commencement of site grading and erosion control,the
Developer shall complete items II.A.1, II.A.2,and II.A.3 as listed
above.
b) The Developer shall grade the site to within 0.2 foot of the grades
shown on the approved grading plan.No deviations will be allowed
unless a revised plan is submitted and approved by the City and all
other regulatory agencies.
page 3
Grading Only-Development Agreement
Apollo Landing
July 25, 2005
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.
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.
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.
g) All disturbed areas shall be seeded.
h) 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.
i) Drainage swales,ditches, storm water storage ponds and other high
risk erosion areas shall be protected from erosion.
j) All remaining grading must be completed prior to issuance of
building permits.
k) 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.
1) 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.
page 4
Grading Only- Development Agreement
Apollo Landing
July 25, 2005
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
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) Street lighting at Apollo Drive shall be owned by the City.
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
page 5
Grading Only-Development Agreement
Apollo Landing
July 25, 2005
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.
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.
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.
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)to revise the
existing Flood Plain maps consistent with the proposed grading plan.
20. Guarantee
page 6
Grading Only-Development Agreement
Apollo Landing
July 25, 2005
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 thirty-five
(35%)percent of the total estimated cost of Developer's
Grading Improvements and 150%of the total estimated cost
of Developer's Sanitary and Watermain 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.
page 7
Grading Only- Development Agreement
Apollo Landing
July 25, 2005
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.
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. 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
page 8
Grading Only- Development Agreement
Apollo Landing
July 25, 2005
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. The Developer further agrees to make an application to FEMA for a Letter of Map
Amendment(LOMA) or a Letter of Map Revision(LOMR)to revise the existing
Flood Plain maps consistent with the proposed grading plan prior to issuance of
building permits.
E. 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.
F. 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 sanitary sewer and water improvements lying within the
public easements shall become City property without further notice or action.
page 9
Grading Only-Development Agreement
Apollo Landing
July 25, 2005
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.
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
page 10
Grading Only-Development Agreement
Apollo Landing
July 25, 2005
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 upon
execution and delivery of this agreement and all required petitions,bonds,
security, and documents including the following:
a) By-laws for the developments association must be submitted for
review and approval by city staff prior to the final plat being
reviewed by the city council. These by-laws must include a joint
access/shared parking agreement for the entire site.
b) The architectural design standards approved as a part of this
application must be supplied to each incoming tenant upon
signature of a lease.
c) The architectural design standards required to be approved by the
City Council as part of any Planned Unit Development can not be
modified unless reviewed and approved by the City Council.
d) A development agreement must be executed between the developer
and the city prior to the execution of a final plat for the site.
e) Appropriate drainage and utility easements must be shown on the
final plat.
f) The proposed development is subject to Anoka County Highway
Department requirements, review, and approval.
g) Prior to the issuance of building permits for each building city staff
must review and approve a photometric lighting plan of the entire
site including all previous construction on the site.
h) Prior to the issuance of building permits for each building city staff
must review and approve a landscaping plan of the entire site
including all previous construction on the site.
i) City is willing to allow for a reduction in the number of parking
stalls with the goal being to have the appropriate amount of
parking.
page 11
Grading Only- Development Agreement
Apollo Landing
July 25, 2005
j) Pedestrian access in addition to the sidewalk depicted along the
entry drive must be added to the site.
k) The final plat for the site will need to be accompanied by the final
development plans for the hotel (Lot 1). At that time all of the lots
will be platted, and site development plan reviews for subsequent
buildings will be done administratively by staff.
1) The applicant must comply with all comments of Anoka County
and obtain the appropriate county permits for work within the
street right of way.
m) A maintenance free fence shall be used to surround the property.
XIII. VIOLATIONSBUILDING PERMITS
A. In the event that Developer violates any of the covenants and agreements contained
in this Development Contract and to be performed by the Developer,the City, at its
option, in addition to the rights and remedies as set out hereunder may refuse to
issue building permits and/or Certificate of Occupancies to any property within the
Subdivision until such time as such default has been corrected to the satisfaction of
the City.
XIV. PROPERTY TAXES
A. Should the recording of the Final Plat occur after July 1, any and all property taxes
on any public property dedicated as a part of this plat shall be the responsibility of
the Developer. Dollars shall be incorporated into the escrow agreement to cover the
cost of said property taxes.
page 12
Grading Only- Development Agreement
Apollo Landing
July 25, 2005
DEVELOPER CITY OF LINO LAKES
BY BY
Developer-' Mayor
ATTEST:
B
Clerk
STATE OF NIINNESOTA )
SS
COUNTY OF ANOKA )
On this`- day of , 2006 before me, a Notary Public within and for said County,
personally appeared
Wn _(Mayor) and wear\ Y-'Vr- (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.
• USA M HOGS7AD
NOTARY PUBLIC MINNESOTA
,ty commission Expires Jan 31.2010 Notary public
STATE OF NIINNESOTA )
) SS
COUNTY OF ANOKA )
On this-[-I day of 0 of 20(�before me, a Notary Public within and for
said County,personally appeared ,04 (Developer),to me known to be the
(>. ,of f ,.ox tes d p-� -,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.
PETER G.MILES Notary, ublic
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.3t,2010
page 13
ATTACHMENT A
SUMMARY OF IMPROVEMENT COSTS
Grading Only
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Apollo Landing NUMBER OF REU's: 0
APPLICANT: Equinox Development ASSESSED AREA(ac.): 6.7
BUDGET DEVELOPER CITY ESCROW
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT(Z)
1 SITE GRADING Estimate a $51,919
2 EROSION CONTROL Estimate a $8,378
3 SITE ENGINEERING &SURVEYING Estimate a $6,000
4 LANDSCAPING Estimate a $8,000
6 STREET/ACCESS CONST. Estimate a $0
7 STORM SEWER CONST.
A. Lateral Estimate a $0
B. Surface Water Mgmt. Charge (s.f.) $0.081 a $0
8 SANITARY SEWER CONST.
A. Trunk Area Charge (ac.) $2,520 a $0
B. Trunk Unit Charge (REU) $1,095 $0
C. Lateral Estimate a $0
9 WATERMAIN CONST.
A. Trunk Area Charge (ac.) $2,690 a $0
B. Trunk Unit Charge (REU) $1,765 a $0
C. Lateral Estimate a $0
TOTALS $74,297 $0 $0
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
7/26/2005 Grading Only Attachments.xis
• ATTACHMENT B
CITY FEES
Grading Only
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Apollo Landing NUMBER OF REU's: 0
APPLICANT: Equinox Development ASSESSED AREA (ac.): 6.7
BUDGET DEVELOPER CITY ESCROW
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP.(Y) AMOUNT(Z)
1 PLANNING/REVIEW
A. Plat Review Fee $500 b $500
B. Planner Review Fee $500 b $500
2 ENGINEERING
A. Plan/Plat/Grading Review $500 b $500
B. Preparation of Plans &Specs. $0 b $0
C. Construction Services b $4,000
D. Construction Staking $0 b $0
E. City Engineering b $1,500
3 ADMINISTRATION
A. Administration Fee 3% of const. a $3,000
B. Legal $1,000 b $1,000
C. Publications $500 b $500
4 DEVELOPMENT FEES
A. Park Dedication $0 d $0
B. Sealcoating Fee $0 a $0
C. Aerial Photo Fee $90/unit a $0
5 BOULEVARD TREE PLANTING $0 b $0
6 DEVELOPMENT SECURITIES
A. Tree Preservation $0 b $0
B. Street Lighting- installation $2,000 b $0
C. Street Lighting -operation $225 b $0
D. Traffic Signing $0 b $0
E. Street,St. Swr., Pond Maint. $775 b $500
F. Other-Property Tax, FEMA $0 b $0
TOTALS: $0 $0 $12,000
SECURITY AMOUNTS TO BE POSTED Att.A Aft. B Total
X= DEV. IMPROVEMENT COSTS (LETTER OF CREDIT) $26,000 $0 $26,000
Y= CITY IMPROVEMENT COSTS(LETTER OF CREDIT) $0 $0 $0
Z= CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $12,000 $12,000
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
7/26/2005 Grading Only Attachments.xls
ANOK COL—ITY MINN ES(.s1'A - -Document No.: 1980549.003 ABSTRACT
I hereby certify that the within instrument was filed in this
office for record on: 12/1612005 8:30:00 :NI
Fees/Taxes In the Amount of: $46.00
MAUREEN J. DEVINE
Anoka County Property Tax
AdministratorlRecorder)Registrar of Titles
JMH, Deputy
Record ID: 1636694