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HomeMy WebLinkAbout2005-154 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 05 -154 RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR SITE GRADING ONLY, MARSHAN MEADOWS. WHEREAS, the City Council issued a preliminary plat approval for Marshan Meadows on May 9, 2005, and WHEREAS, the Developer, Bruggeman Homes is requesting approval to commence grading work of such development to be known as Marshan Meadows; 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 Contract (Site Grading Only) with Bruggeman Homes for Marshan Meadows and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 10th day of October, 2005. J. B rgeson, Mayor • • • DEVELOPMENT CONTRACT (Site Grading Only) Marshan Meadows THIS AGREEMENT made this 10th day of October, 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 Bruggeman Properties, L.L.C. whose address is 3564 Rolling View Drive, White Bear Lake, Minnesota 55110 hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Marshan Meadows hereinafter called "Subdivision", said land is legally described to -wit All that part of the Northwest Quarter of the Southwest Quarter of Section 17, Township 31, Range 22, Anoka County, Minnesota, lying Easterly of the center line of Minnesota Trunk Highway No. 8. AND Government Lot 3, in Section 17, Township 31, Range 22, Anoka County, Minnesota, EXCEPT that part lying West of the center line of Minnesota Trunk Highway No. 8 and ALSO EXCEPT that part of said Government Lot 3 lying Northerly of the following described line and its westerly extension thereof: Commencing at the intersection of the Easterly right -of -way line of Trunk Highway No. 8 with the South line of the North 350 feet of said Government Lot 3; thence Southwesterly along said Easterly right -of -way line a distance of 260 feet to the point of beginning of the line to be described; thence Southeasterly deflecting to the left 101 degrees 42 minutes 05 seconds to the West shore of Marshan Land and there terminating. • • • Development Contract — Site Grading Only Marshan Meadows October 10, 2005 WHEREAS, the Developer has requested approval to commence with site grading activities, 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 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'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, and street and utility plan. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. b) The grading plan and all site grading shall be provided and conducted in accordance with the plan as approved by the City, NPDES requirements and the Rice Creek Watershed District. The Developer shall perform the work in accordance with a Stormwater Pollution Prevention Plan in accordance with Minnesota Pollution Control Agency (MPCA) requirements. page 2 Development Contract — Site Grading Only Marshan Meadows October 10, 2005 c) The Developer shall be responsible for securing all required site grading and development approvals and permits from all Federal, State, Regional and Local agencies with jurisdiction or as applicable prior to the commencement of site grading or construction. 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. The erosion control plan shall also be subject to the approval of any other governmental agency having jurisdiction. 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) The Developer shall provide a tree preservation plan prior to any site grading and include a delineated preservation area, subject to the approval of the City prior to any work activity on the site. The tree preservation plan shall also be completed in accordance with the City Tree Preservation Policy, and shall be covered within a legal covenant for each property. The Developer shall provide a cash escrow as security, in the amount specified in Attachment B, to insure implementation of the Tree Preservation Plan. Site activities shall not commence until review of the plan and site has been completed and approved by the City Engineer, City Forester, and any other governing agency with jurisdiction as required. 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 page 3 410 • Development Contract — Site Grading Only Marshan Meadows October 10, 2005 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 as applicable. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. f) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. h) All disturbed areas shall be seeded or sodded as designated per the plans. i) The street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. j) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All remaining grading must be completed prior to issuance of building permits. 1) Protect streets from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. page 4 • • Development Contract — Site Grading Only Marshan Meadows October 10, 2005 m) The developer's engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan prior to issuance of building permits. n) A legal covenant shall be included within the homeowner's association documents prohibiting the use of phosphorus on lawns. o) The developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvements as proposed. 5. The Developer shall place iron monuments at all lot and block comers and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot 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. 6. 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. 7. 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. 8. Other Construction a) In the event that damage to the streets or other City infrastructure result from said improvement work, the Developer shall be responsible for effecting said repairs, or the City shall withhold escrows or deposits as the City deems appropriate and necessary. page 5 • • Development Contract — Site Grading Only Marshan Meadows October 10, 2005 b) The Developer shall provide a fmancial security or cash escrow in an amount of $186,500 to assure completion of the grading and restoration, in the event that the work is not completed by the Developer. c) No burning of vegetation cleared during construction shall be allowed. 9. The project shall not be fmal platted until 2006 to comply with growth management policy. 10. All homeowners association declarations, covenants, and property and legal requirements as required in this Agreement shall be submitted to the City Attorney for review as required by the City's fmal plat requirements. In addition, an additional contract agreement shall be agreed upon between the City and developer that provides for the subsequent construction, ownership and maintenance of City owned utilities (sanitary sewer and water) and the access street that will be privately owned and maintained. 11. Cost of Developer's Improvements, description and completion dates are as shown on Attachment A. 12. 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's and City's Improvements as determined by the City. d) All Construction debris and trash shall be properly disposed of at the developers expense and in a timely manner as determined by the City. 13. The Developer shall be required to obtain all necessary permits and approvals from all governmental agencies as required, including necessary right -of -way, temporary easements, or permanent easements for the construction. page 6 • Development Contract — Site Grading Only Marshan Meadows October 10, 2005 14. The Developer shall make an application to FEMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) to revised the existing Flood Plain maps consistent with the proposed grading plan. 15. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of 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's Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. page 7 Development Contract — Site Grading Only Marshan Meadows October 10, 2005 III. CITY'S IMPROVEMENTS A. No City improvements are proposed under the grading 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 plat 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 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. 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. 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. page 8 • Development Contract — Site Grading Only Marshan Meadows October 10, 2005 B. The Developer shall submit an as-built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. C. Model Homes The City agrees that one structure per ten (10) acres (1 home) can be installed as model homes upon approval of the Development Contract (Site Grading Only). The right to obtain such building permits shall be contingent upon the following: 1. Execution of this development contract, providing a Letter of Credit in the amount of $100,000.00 and an escrow amount of $10,000.00. 2. 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 per ten (10) acres (1 home), the builder shall enter into a separate agreement with the City which would not allow the building to be occupied after issuance of certificate of occupancy by anyone other than the builder for exhibiting the home for model purposes nor would they convey the property to any other third parties by any means until all of the public and private utilities have been installed to serve the building and accepted by the City. This includes all other requirements provided in this agreement D. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. E. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours set out in City Ordinances 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 page 9 • Development Contract — Site Grading Only Marshan Meadows October 10, 2005 VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the grading work required by this contract and acceptance by the City, the site improvements shall remain privately owned and maintained. The City of Lino Lakes, in the interest of public safety and welfare shall reserve the right to enter and maintain drainage facilities within the designated drainage and utility easements. An additional development contract shall be prepared agreed between the City and developer that will address subsequent site improvements after site grading is completed. Subsequent improvements shall include but not be limited to streets and utilities. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private 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 ($500,000.0Q) 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 page 10 Development Contract — Site Grading Only Marshan Meadows October 10, 2005 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 fmal 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) The existing well must be properly capped and the existing septic system must be properly abandoned per all applicable requirements. b) The new plan revised April 2005 must receive a permit from RCWD prior to city council approval of a fmal plat. c) Park dedication shall be cash in the amount of $41, 500 (20 lots @ @$2075) less the cost of constructing the sidewalk. d) Issues discussed in the April 22, 2005 TKDA memo must be addressed to the satisfaction of the City Engineer. The grading plan revised to include Lots 13 and 14 must meet City requirements as determined by the City Engineer. The Stage Coach Trail and the water line shall be constructed to the south property line as shown in the April 4, 2005 plans. f J Lot line easements shall be shown on the final plat. g) Right of entry along Lake Drive shall be dedicated to Anoka County on the fmal plat. • • • Development Contract — Site Grading Only Marshan Meadows October 10, 2005 h) Anoka County permit requirements shall be met for the new road access to Lake Drive, including any required improvements to Lake Drive. i) A conservation easement shall be granted over the drainage and utility easement along the wetlands bordering the lake. Easement restrictions shall be defined prior to city council approval of the fmal plat. j) The entry monument sign must comply with the sign ordinance. The developer must submit information regarding ownership and maintenance responsibilities for the monument sign. This must be provided prior to city council review of the fmal plat. k) The developer shall ensure that tree species near ponds are viable in those locations. 1) Concrete sidewalks shall be constructed by the developer within the street rights of way along the east side of Stage Coach Trial and the north side of Park Court. m) Special Blanding's Turtle signage and other measures recommended by the DNR shall be observed by the developer during construction. n) The project shall not be final platted until 2006, in accordance with the City's growth management policy. 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 Development Contract — Site Grading Only Marshan Meadows October 10, 2005 • DEVELOPER .� /rte- ''�'.. By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA CITY OF LINO LAKES By Mayor A l' EST: B Clerk On this 8421 day of kkhr -M , 20a before me, a Notary Public within and for said County, personally appeared _SW) (Mayor) and an V, (jt r (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. STATE OF MINNESOTA ) )•SS COUNTY OF AN ) 1.24.rwsesi 41..3 OA Notary public oc- Cp. LISA M HOGSTAD VOTARY PUBLUC MINNESOTA v _c-nrmss:. :x .ar. 31 2010 On this 4-71-1 day of NcggneE2 , of 20o5; before me, a Notary Public within and for said Coun perssoally a Beare PA-dt. S. e/l c-(Fcer/�, -/' (Developer), to me known to be the PafROF.Y+ (of (.LC- , a under the laws of the State of Minnesota, and that they executed the foregoing instrum nt and acknowledged that they/he executed the same on behalf of said corporation. GREGORY WILLIAM SCNLINK NOTARY PUBLSC•MINNESOTA My Commission £tpkss Jan. 31, 2008 A (.0ir71Ed (444/g -f77 47n/4-r7 4'a t /f /c. page 13 ATTACHMENT A - GRADING ONLY October 10, 2005 SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS •PROJECT NAME: Marshan Meadows APPLICANT: Bruggeman Properties, L.L.C. ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 5 STREET CONST. A. Subgrade /Base Course B. Wear Course 6 STORM SEWER CONST. A. Trunk B. Lateral C. Surface Water Mgmt. Charge (s.f.) SANITARY SEWER CONST. A. Trunk Area Charge (ac.) B. Trunk Credit C. Trunk Unit Charge (REU) D. Lateral 8 WATERMAIN CONST. A. Trunk Area Charge (ac.) B. Trunk Credit B. Trunk Unit Charge (REU) C. Lateral NOTE: • TOTALS: BUDGET COST NOTE Estimate e Estimate e Estimate e Estimate e Estimate e Estimate e Estimate Estimate e e a a Estimate e a a Estimate e See Attachment B for security amounts to be posted a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study NUMBER OF REU's: 20 ASSESSED AREA (ac.): 10.53 DEVELOPER CITY ESCROW IMP. (X) IMP. (Y) AMOUNT (Z) $71,137 $5,000 $28,166 $20,000 $0 $0 $0 $0 $0 $0 $124,303 $0 $0 $0 $0 $0 $0 $0 $0 $0 ATTACHMENT B - GRADING ONLY October 10, 2005 CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Marshan Meadows NUMBER OF REU's: 20 APPLICANT: Bruggeman Properties, L.L.C. ASSESSED AREA (ac.): 10.53 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLAT REVIEW FEE $2,000 b $2,000 2 PLANNER REVIEW FEE $2,000 b $2,000 3 ADMINISTRATION -3% OF CONST. 3% of const. a $3,800 4 ENGINEERING A. Plan/Plat/Grading Review $8,000 b $8,000 B. Preparation of Plans & Specs. $0 b $0 C. Construction Services $12,000 b $10,000 D. Construction Staking $0 b $0 E. City Engineering $4,000 b $4,000 5 LEGAL PLAT REVIEW FEE $500 b $500 6 PUBLICATIONS $500 b $500 7 PARK DEDICATION FEE N/A d •TREE PRESERVATION POLICY N/A b STREET LIGHTING INST. & OPER. N/A b 10 TRAFFIC SIGNING IMPROV. N/A b 11 BOULEVARD TREE PLANTING N/A b 12 STREET, ST. SWR. & POND MAINT. N/A b 13 SEALCOATING FEE N/A a 14 FEMA Processing Fee N/A 15 AERIAL PHOTO COST RECOVERY N/A a 16 OTHER - Property Tax Escrow N/A TOTALS: $0 $0 $30,800 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $186,500 $0 $186,500 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $0 $0 $0 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $30,800 $30,800 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 • AGENDA ITEM 6C STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: October 10, 2005 TOPIC: Resolution No. 05 — 154, Approving Development Contract (Site Grading Only), Marshan Meadows Vote Required: Simple Majority BACKGROUND: The City Council authorized a preliminary plat on May 9, 2005 to provide for a proposed development titled Marshan Meadows. The Developer, Bruggeman Homes is now requesting approval to begin grading work. Marshan Meadows provides for the construction of 20 residential units on a parcel of property near the intersection of Park Court and Lake Drive In accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract for Site Grading Only. The contract provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $186,500 representing 150 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 $30,800 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Bruggeman Homes 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 — 154, Approving Development Contract for Site Grading Only, Marshan Meadows. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 05 — 154 be adopted.