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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