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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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:
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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:
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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
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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.