HomeMy WebLinkAbout2006-046 Council Resolution Council Member`Altz- introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 06 —46
RESOLUTION APPROVING DEVELOPMENT CONTRACT, MARSHAN MEADOWS
WHEREAS, the City Council issued a preliminary plat approval for Marshan Meadows on May
9, 2005, and
WHEREAS, the City Council approved a Development Contract for Site Grading Only on
October 10, 2005, 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 with Bruggeman Homes for Marshan Meadows and authorizes the
Mayor and City Clerk to execute such agreement on behalf of the City.
Vo nell, Acting Mayor
u is a Bartell, ty lerk
Adopted by the Lino Lakes City Council this 13t" day of March, 2006.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member inert and upon vote being taken thereon, the following voted in favor
thereof:
SfiI—
I t�, Rti ne-rt1 Ar-firjj Ak&gor D`(V6A* ((
The following voted against same:
Whereupon said resolution was declared duly passed and adopted.
• II'I
•
AGENDA ITEM 1Cbi
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: March 13, 2006
TOPIC: Resolution No. 06 —46, Approving Development Contract, Marshan
Meadows
Vote Required: Simple Majority
BACKGROUND:
The City Council approved a preliminary plat on May 9, 2005 to provide for a
proposed development titled Marshan Meadows. Also, a Grading Only
Development Contract was approved by the Council on October 10, 2005.
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. The contract provides for the following:
• 1. Submittal by the developer of a Letter of Credit in the amount of$850,000
representing 150 percent of the development improvement costs to insure
completion of the project in accordance with the approved plans.
2. Submittal by the developer of a Letter of Credit in the amount of$48,000
representing 35 percent of the City improvement costs to insure the
payment of assessments for this project.
3. Deposit of a cash escrow in the amount of$197,500 to reimburse the City
for costs incurred by the City related to the development and
improvements of the site.
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 06 —46, approving Development Contract,
Marshan Meadows.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 06 —46 be adopted.
Record ID 1680352
CERTIFICATION OF RESOLUTION NO. 06-46
STATE OF MINNESOTA ) 1984005 . 001
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.
06-46 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:
RESOLUTION NO. 06-46
APPROVING A DEVELOPMENT CONTRACT FOR
MARSHAN MEADOWS
Witness my hand as said City Clerk and the Corporate Seal of the City this 26th day of
April, 2006.
c
Julianne Bartell,dity Clerk
Council Member`-hi z introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 06 —46
RESOLUTION APPROVING DEVELOPMENT CONTRACT, MARSHAN MEADOWS
WHEREAS, the City Council issued a preliminary plat approval for Marshan Meadows on May
9, 2005, and
WHEREAS, the City Council approved a Development Contract for Site Grading Only on
October 10, 2005, 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 with Bruggeman Homes for Marshan Meadows and authorizes the
Mayor and City Clerk to execute such agreement on behalf of the City.
n
Do nell, Acting Mayor
u is a Bartell, ty lerk
Adopted by the Lino Lakes City Council this 13th day of March, 2006.
The motion for the adoption of the foregoing resolution was duly seconded by Council
MemberVyineet and upon vote being taken thereon, the following.voted in favor
thereof:
4-hif,Rti tie rt, fr-fi�j klo yur 6'V6A*1el(
The following voted against same:
Whereupon said resolution was declared duly passed and adopted.
DEVELOPMENT CONTRACT
Marshan Meadows
THIS AGREEMENT made this 13`h day of March,2006, 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 Conditional Use permit approval for a
residential planned unit development from the City Council for a plat of land within the corporate
limits of the City known as Marshan Meadows Addition,hereinafter called"Subdivision", said land
is legally described to-wit
LEGAL DESCRIPTION:
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.
Marshan Meadows
Development Contract
3-13-2006
WHEREAS,the Developer is to be responsible for the installation and financing of
certain private improvements within the Subdivision; and
WHEREAS,said private improvements include grading, drainage, sanitary sewer,
water, and driveway improvements; and
WHEREAS,the City Subdivision Ordinance and Minnesota Statute 462.358
authorize the City to enter into a performance contract secured by cash escrow or other security to
guarantee completion and payment of such improvements following final approval and recording of
final plat.
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".
II. DEVELOPER IMPROVEMENTS
A. The Developer's Engineer shall prepare, at the Developer's expense,a grading plan,
street and utility plan, and a surface water management plan. The plans shall be
approved by the City of Lino Lakes. The Developer shall secure a contractor to
install these improvements; said contractor shall be approved by the City at its
ABSOLUTE discretion. All Developer Improvements shall require City inspection
and approval and,where appropriate,and the approval of any other governmental
agency having jurisdiction. The Developer shall construct and install at the
Developer's expense,the following improvements according to the following terms
and conditions:
1. Grading Plan
a) A final site grading plan, with maximum two-foot contours and
cross sections as necessary shall be submitted and approved by the
City prior to commencement of any site grading.
2. Erosion Control Plan
a) The Developer shall submit an erosion control plan, detailing all
erosion control measures to be implemented during construction.
Said plan shall be approved by the City prior to the commencement
of site grading or construction.
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Marshan Meadows
Development Contract
3-13-2006
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. Grading and Erosion Control Construction&Maintenance
a) Prior to the commencement of site grading and erosion control,the
Developer shall complete items II.A.1 and H.A.2 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.
c) All development shall conform to the natural limitations presented
by the topography and soil of the subdivision in order to create the
best potential for preventing soil erosion.
d) Erosion and siltation control measures shall be coordinated with the
different stages of development. The Developer shall attain an
NPDES Stormwater Permit prior to engaging in any site grading
activities. All terms and conditions of the NPDES permit must be
adhered to by the Developer throughout construction the duration of
construction of the Subdivision from start to finish.
e) Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four(4)inches and shall be of a quality
at least equal to the soil quality prior to development.The Developer
shall make all necessary adjustments to the curb stops to bring them
flush with the topsoil prior to occupancy.
f j 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 sodded or seeded, as designated per the
approved plans, immediately upon completion of grading .
h) All streets shall be protected from erosion deposits. This should
include a combination of roadside silt fences, roadside sod strips,
catch basin rock bale inlet protection,rock construction entrances,
straw mulch, and/or street sweeping.
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Development Contract
3-13-2006
i) No soils shall be imported or exported without City approval.
j) All site grading shall be performed in accordance with the
requirements of the Rice Creek Watershed District.
k) Existing wells and on-site septic systems shall be properly
abandoned.
4. Final access drive and driveway grading, subbase, gravel base, bituminous
binder course, and concrete curb and gutter shall be furnished and installed.
5. Sanitary sewer mains, laterals or extensions, including all necessary building
services and other appurtenances shall be furnished and installed. All
connections to existing City facilities shall be performed by the Developer,
but only upon approval and authorization of the City of Lino Lakes at least
48 hours prior to making actual connection.
6. Water mains, laterals or extensions, including all necessary building
services,hydrants,valves and other appurtenances shall be furnished and
installed. All connections to existing City facilities shall be performed by
the Developer,but only upon approval and authorization of the City of Lino
Lakes at least 48 hours prior to making actual connection.
7. The Developer shall place iron monuments at all lot and block corners and at
all other angle points on boundary lines. Iron monuments shall be placed
after all street and lawn grading has been completed in order to preserve the
lot markers for future property owners. Lot 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.
8. The Developer shall promptly clear dirt and debris, within public right-of-
ways, and drainage and utility easements, resulting from construction by
the Developer, its purchasers,builders and contractors within five (5) days
after notification by the City. The Developer or its assigns shall be
responsible for all necessary street and storm sewer maintenance including
street sweeping, and storm sewer resulting from the accumulation of said
dirt and debris, prior to issuance of any Certificates of Occupancy.
Warning signs shall be placed when hazards develop in streets to prevent the
public from traveling on same and directing attention to detours. If and
when the streets become impassable, such streets shall be barricaded and
closed. The Developer shall maintain a smooth,hard driving surface and
adequate drainage on all temporary streets.
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Development Contract
3-13-2006
9. The Developer shall dedicate to the City,prior to approval of the final plat,
at no cost to the City,any permanent or temporary easements that may be
necessary for the construction and installation of the Developer
Improvements. All such easements required by the City shall be in writing,
in recordable form,containing such terms and conditions as the City shall
determine.
10. The Developer shall be responsible for securing all site grading and
development approvals and permits from all appropriate Federal, State,
Regional and Local jurisdictions prior to the commencement of site grading
or construction and prior to the City awarding construction contracts for
public utilities. As previously stated,the Developer shall attain an NPDES
Stormwater Permit, and shall adhere to all terms and conditions of the Rice
Creek Watershed(RCWD)permit. Any work extending into the right of
way of Anoka County shall be subject to the requirements of Anoka County,
and the Developer shall be responsible for attaining any permits from the
County as may be needed.
11. The Developer shall make provision that all gas,telephone,cable TV and
electric utility designs be submitted to the City for review and approval prior
to construction of the improvements. Following review and approval by the
City,the Developer shall insure that all installations comply with applicable
City,County and State design standards and show proof of security
arrangements with said utility companies.
12. The developer must place one conservation easement entry monument sign
per lot bordering said conservation easement. The developer must also
submit Anoka County NAD 83 Coordinates of the sign locations on the
Final As-Built Drawing.
13. Cost of Developer Improvements and description are as shown on
Attachment A.
14. Construction of Developer's Improvements:
a) The construction, installation,materials and equipment shall be in
accordance with the plans and specifications approved by the City.
In addition, stone or brick veneer base shall be included on all four
sides of the buildings, and building colors shall be reviewed and
approved by City staff.
b) All of the work shall be under and subject to the inspection and
approval of the City and,where appropriate, any other goverrunental
agency having jurisdiction.
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Development Contract
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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.
15. Record Drawings
a) Upon completion of construction of roads, sanitary sewer,
watermain, storm sewer,facilities, and grading,the developer shall
submit two(2) sets of record plans,two (2)electronic copies of
record plans in Anoka County NAD 83 Coordinates compatible with
the City's computer system,including accurate locations,
dimensions, elevations, grades, slopes and all other pertinent
information concerning the compete work.
b) Also a storm sewer,watermain, and sanitary sewer Excel
Spreadsheet must be submitted,which includes all the as-built data.
16. 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 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%0)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
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Development Contract
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whole or in part,on any portion of the Irrevocable Letter of Credit
for the purpose of guaranteeing the terms and conditions of this
contract. The Irrevocable Letter of Credit shall be automatically
extended for additional periods of one year from present or future
expiration dates unless thirty(30)days prior to such the City Clerk
or Administrator is notified in writing by certified mail that the
Letter of Credit will not be renewed.
b) Reduction of Escrow Guarantee.
(1) The Developer may request reduction of the Letter of Credit,
or cash deposit based on prepayment or the value of the
completed improvements at the time of the requested
reduction. Prior to the final acceptance of the Developer
Improvements the City shall require a Performance Bond or
Cash Escrow to cover the one-year warranty provisions of
the agreement. The amount shall be determined by the City
Engineer.
III. CITY IMPROVEMENTS
A. There are no new City Improvements for this project.
IV. RECORDING AND RELEASE
A. The Developer agrees that the terms of this Development Contract shall be a
covenant on any and all property included in the Subdivision. The Developer agrees
that the City shall have the right to record a copy of this Development Contract with
the Anoka County Recorder to give notice to future purchasers and owners. This
shall be recorded against the Subdivision described on Page 1 hereof. City shall
provide to Developer upon payment of all the special assessments levied against a
parcel, a release of such parcel from the terms and conditions of this Development
Contract subject to provisions contained in this contract.
B. Homeowners association declaration/covenants must be submitted for City Attorney
review as required by the City's final plat requirements. In addition,the Developer
shall convey to the homeowners association of the existing townhomes abutting the
north border of the property, an access easement over the existing access drive.
Prior to approval of the final plat by the City Council,the developer shall submit a
copy of the easement document and proof that the easement document has been
filed with Anoka County. The access drive as it currently exists shall not be altered.
V. REIMBURSEMENT OF COSTS
A. The Developer agrees to establish a non-interest bearing escrow account with the
City in an amount determined by the City Administrator or his designee for the
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Development Contract
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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):
l. 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. Boulevard Tree Planting
10. Street- Storm Sewer-Pond Maintenance
11 Sealcoating Fund
12. Aerial Photo Recovery Cost
B. If the above escrow amounts are insufficient,the Developer shall make such
additional deposits as required by the City. The City shall have a right to reimburse
itself from the Escrow upon notice to the Developer,with suitable documentation
supporting charge.
VI. BUILDING PERMITS
A. The Developer agrees that building permits may be issued upon approval of the
Final Plat by the City Council at which time all required Financial Security shall be
in place with the City.
B. The Developer further agrees that Sewer, Water, Storm Sewer, and Bituminous
Base Construction of the Streets,temporary street signs, gas, electric,and telephone
will be completed prior to the issuance of building permits.
C. Model Homes
The City agrees that one structure can be installed as a model home upon approval
of final plat. The right to obtain such building permits shall be contingent upon the
following:
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Development Contract
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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,the builder shall
enter into a separate agreement with the City which would not allow the
building to be occupied after issuance of certificate of occupancy by anyone
other than the builder for exhibiting the home for model purposes nor would
they convey the property to any other third parties by any means until all of
the public and private utilities have been installed to serve the building and
accepted by the City. This includes all other requirements provided in this
agreement
D. The Developer further agrees that an as-built survey certifying that all the grading
complies with the grading plan prior to issuance of building permits.
E. Each lot must have a City approved Certificate of Grading showing the as-built
survey prior to an issuance of a Certificate of Occupancy. It shall be the
responsibility of the Developer,its purchasers,builders or contractors to ensure
compliance with the grading plan.
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 utility and driveway improvements lying within the
public easements shall become the property of the Developer, Property Owners, or
their heirs and assigns, and shall include all maintenance and operation of all
improvements for perpetuity. However,the City of Lino Lakes, in the interest of
public health and safety, shall reserves the right to enter said property and maintain
facilities upon reasonable notice. Any costs incurred by the City of Lino Lakes to
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Development Contract
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repair and maintain any private facilities shall be billed directly to the property
owners.
IX. INSURANCE
A. Developer or all its subcontractors shall take out and maintain until one (1)year
after the City has accepted the Developer Improvements,public liability and
property damage insurance covering personal injury, including death,and claims for
property damage which may arise out of the Developer's work or the work of his
subcontractors or by one directly or indirectly employed by any of them. Limits for
bodily injury and death shall be not less than Five Hundred Thousand and no/100
($500,000.00) Dollars for one person and One Million and no/100($1,000,000.00)
Dollars for each occurrence; limits for property damage shall be not less then Two
Hundred Thousand and no/100($200,000.00)Dollars for each occurrence;or a
combination single limit policy of One Million and no/l00 ($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
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Development Contract
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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
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:
1. The existing well must be properly capped and the existing septic system
must be properly abandoned per all applicable requirements.
2. Park dedication shall be cash in the amount of$41,500 (20 lots @ $2,075)
less the cost of constructing sidewalks.
3. Issues discussed in the February 15, 2006 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.
4. Stage Coach Trail and the water line shall be constructed to the south
property line as shown in the April 4, 2005 plans.
5. Lot line easements shall be shown on the final plat.
6. Right of entry along Lake Drive shall be dedicated to Anoka County on the
final plat.
7. Anoka County permit requirements shall be met for the new road access to
Lake Drive, including any required improvements to Lake Drive.
8. The developer must place one conservation easement entry monument sign
per lot bordering said conservation easement. The developer must also
submit Anoka County NAD 83 Coordinates of the sign locations on the
Final As-Built Drawing.
9. 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 final plat.
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Development Contract
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10. 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 final plat.
11. The developer shall ensure that tree species near ponds are viable in those
locations.
12. Concrete sidewalks shall be constructed by the developer within the street
rights of way along the east side of Stage Coach Trail and the north side of
Park Court.
13. Special Blanding's Turtle signage and other measures recommended by
the DNR shall be observed by the developer during construction.
14. The project shall not be final platted until 2006, in accordance with the
City's growth management policy.
15. All trees must be cleared in the Lake Drive right of way.
XIII. VIOLATIONS/BUILDING PERMITS
A. In the event that Developer violates any of the covenants and agreements contained
in this Development Contract and to be performed by the Developer,the City, at its
option, in addition to the rights and remedies as set out hereunder may refuse to
issue building permits and/or Certificate of Occupancies to any property within the
Subdivision until such time as such default has been corrected to the satisfaction of
the City.
XIV. PARK DEDICATION
A. Park dedication in an amount of$41,500.00 shall be paid by the Developer to the
City.
XV. PROPERTY TAXES
A. Should the recording of the Final Plat occur after July 1, any and all property taxes
on any public property dedicated as a part of this plat shall be the responsibility of
the Developer. Dollars shall be incorporated into the escrow agreement to cover the
cost of said property taxes.
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Development Contract
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DEVELOPER CITY OF LINO LAKES
By. � By j4
Developer Mayor
ATTEST:
Y
Cler
STATE OF MINNESOTA )
SS
COUNTY OF ANOKA
On this Ll-thday of 20q before me,a Notary Public within and for said County,
personally appeared
Dec "�� (Mayor) and y)i C- (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.
` �pic
A[
USA M HOGSTAD
NOTARY PUBLIC-MINNESOTA
My Comm==Excires jan 31.2010
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
On this day of f),-j of 20V�before me,a Notary Public within and for
said County,personally appeared 4u15. rua4ev►acz (Developer),to me known to be the
a corporation under the laws of the State of Minnesota, and that
they execute'ja the foregoing instrument and acknowledged that they/he executed the same on behalf
of said corporation.
Notary Public
Sara J.Heck
L .e Notary Public-Minnesota
My Commission Expires 01/31/2010
page 13
ATTACHMENT A 3-13-2006
SUMMARY OF IMPROVEMENT COSTS
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 SITE GRADING Estimate a $71,137
2 EROSION CONTROL Estimate a $5,000
3 SITE ENGINEERING &SURVEYING Estimate a $28,166
4 LANDSCAPING Estimate a $20,000
5 STREET CONST.
A. Subgrade/Base Course Estimate a $104,663
B. Wear Course Estimate a $14,156
C. Turn Lane Estimate a $90,000
6 STORM SEWER CONST.
A. Trunk Estimate e
B. Lateral Estimate a $70,230
C. Surface Water Mgmt. Charge (s.f.) $0.054 a $24,769
7 SANITARY SEWER CONST.
A. Trunk Area Charge (ac.) $2,520 a $26,536
B. Trunk Credit
C. Trunk Unit Charge (REU) $1,095 $21,900
D. Lateral Estimate a $72,500
8 WATERMAIN CONST.
A. Trunk Area Charge (ac.) $2,690 a $28,326
B. Trunk Credit
C. Trunk Unit Charge (REU) $1,765 a $35,300
D. Lateral Estimate a $90,946
TOTALS: $566,798 $136,831 $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
ATTACHMENT B 3-13-2006
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 PLANNING/REVIEW
A. Plat Review Fee $7,500 b $7,500
B. Planner Review Fee $7,500 b $7,500
3 ADMINISTRATION
A.Legal $2,000 b $2,000
B.Administration Fee 3% of const. b $17,000
C. Publications $2,000 b $2,000
4 ENGINEERING
A. Plan/Plat/Grading Review $0 b $15,000
B. Preparation of Plans &Specs. $0 b $0
C. Construction Services $0 b $50,000
D. Construction Staking $0 b $0
E. City Engineering $0 b $15,000
5 DEVELOPMENT FEES
A. Park Dedication Fee $2075/unit d $41,500
B. Sealcoating Fee $0.27/SF b $8,921
C.Aerial Photo Fee 90/unit b $1,800
6 BOULEVARD TREE PLANTING $465/tree b $11,625
7 DEVLOPMENT SECURITIES
A. Tree Preservation 95/unit b $1,900
B. Street Lighting - installation $2,500 b $10,000
C. Street Lighting- operation $265 b $1,060
D. Traffic Signing $3,000 b $3,000
E. Street, Storm Sewer, Pond Maint. $3,500 b $1,694
F. Other- Property Tax, FEMA $0 b $0
TOTALS: $0 $0 $197,500
SECURITY AMOUNTS TO BE POSTED' Att.A Att. B Total
X= DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $850,000 $0 $850,000
Y= CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $48,000 $0 $48,000
Z= CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $197,500 $197,500
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
ANOKA COUNTY MINN ES-)TA
Document No.: 1984005.001 ABSTRACT
I hereby certify that the within instrument was tiled in this
office for record on: 04/28/2006 12:58:00 PM
FeesiTaaes In the -Amount of $46.00
MAUREEN J. DEVINE
Anoka County Property Tax
AdniinistratorlRecorder!Registrar of Titles
NLW, Deputy
Record ID: 1680352