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HomeMy WebLinkAbout2006-048 Council Resolution • Council Member.Shlf-7— introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06-48 RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR SITE GRADING ONLY, PINE GLEN. WHEREAS, the City Council issued a preliminary plat approval for Pine Glen on November 28, 2005, and WHEREAS, the Developer, 23, LLC is requesting approval to commence grading work of such development to be known as Pine Glen; and, WHEREAS, The City Engineer is designated as the engineer for Pine Glen Addition Sanitary Sewer Lift Station design and he is directed to prepare plans and specifications. 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 23, LLC for Pine Glen and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. 4o1 ell, Acting Mayor �ia a Bartell, ity Jerk 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 Member and upon vote being taken thereon, the following voted in favor thereof: 154-a If-Z.,�-rine,t, jix,h ftiajo, b`T)onnsi The following voted against same: Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM 1Cc STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 13, 2006 TOPIC: Resolution No. 06 —48, Approving Development Contract (Site Grading Only), Pine Glen Addition Vote Required: Simple Majority BACKGROUND: The City Council authorized a preliminary plat on November 28, 2005 to provide for a proposed development titled Pine Glen Addition. The Developer, 23, LLC is now requesting approval to begin grading work. Pine Glen provides for the construction of 72 residential units on a 44.78 acre parcel of property located on the east side of Lake Drive approximately 900 feet south of Main Street. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract for Site Grading Only. This includes directing the City Engineer to design the Sanitary Sewer Lift Station. The contract provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of$625,000 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$82,500 to reimburse the City for costs incurred by the City related to the development and improvements of the site. The developer 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 —48, approving Development Contract for Site Grading Only, Pine Glen Addition. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 06 —48 be adopted. Is Record ID 1680484 CERTIFICATION OF RESOLUTION NO. 06-48 1984005 . 012_ STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned,being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 06-48 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. 06-48 APPROVING A DEVELOPMENT CONTRACT FOR SITE GRADING ONLY FOR PINE GLEN Witness my hand as said City Clerk and the Corporate Seal of the City this 26th day of April, 2006. '.Julianne Bartell, ity Clerk rx Council Member'-h -l' introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 06-48 RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR SITE GRADING ONLY, PINE GLEN. WHEREAS, the City Council issued a preliminary plat approval for Pine Glen on November 28, 2005, and WHEREAS, the Developer, 23, LLC is requesting approval to commence grading work of such development to be known as Pine Glen; and, WHEREAS, The City Engineer is designated as the engineer for Pine Glen Addition Sanitary Sewer Lift Station design and he is directed to prepare plans and specifications. 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 23, LLC for Pine Glen and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. S �J { oNnell, Acting Mayor b \j is a Bartell, ity tlprk 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 Member al A and upon vote being taken thereon, the following voted in favor thereof: 154-1 ii-z,�-ei tert, ,Wit,,) jtta jv,r The following voted against same: Whereupon said resolution was declared duly passed and adopted. DEVELOPMENT CONTRACT (Site Grading Only) Pine Glen THIS AGREEMENT made this 13"' 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 23, LLC whose address is 1875 Station Parkway NW, Andover, Minnesota 55304 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 Pine Glen hereinafter called"Subdivision", said land is legally described to-wit As Contained in Commonwealth Land Title Insurance Co. Commitment File No. 7022063 That part of Lots 5 and 6,Auditor's Subdivision No. 100 Anoka County, Minnesota, lying Southerly of the following described line: Commencing at the most Northerly corner of said Lot 5, thence Southerly on the East line of said Lot 5, 88.62 feet, to the point of beginning,thence Westerly, at right angles 45.34 feet, more or less to the Northwesterly line of said Lot 5 (being the Southeasterly Right of Way line of Highway 8) and there terminating, and also lying Northerly of a line drawn from the Southeast corner said Lot 6, at an angle of 64 degrees, 19 minutes, 30 seconds, measured from North to West,to the Westerly line of said Lot 6, and there terminating. Excepting therefrom, and all above, all part lying within plat of Anoka County Highway Right of Way Plat no. 17,Anoka,County, Minnesota AND Development Contract— Site Grading Only Pine Glen March 13, 2006 That part of the South Half of the Northwest Quarter of the Northwest Quarter of Section 9 Township 31, Range 22,Anoka County, Minnesota, lying Easterly and Southerly of the North 135 feet of the West 328.50 feet and Easterly of the Easterly line of Anoka County Highway Right-Of-Way Plat No. 17, according to the U.S. Government Survey,Anoka County, Minnesota. The South Half of the Northeast Quarter of the Northwest Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota. The South Half of the Northwest Quarter of the Northeast Quarter of Section 9, Township 31,Range 22, Anoka County,Minnesota. The South Half of the Northeast Quarter of the Northeast Quarter of Section 9, Township 31, Range 22,Anoka County, Minnesota, Except the Easterly 730.00 feet thereof. 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: page 2 Development Contract- Site Grading Only Pine Glen March 13, 2006 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. 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 page 3 Development Contract—Site Grading Only Pine Glen March 13, 2006 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.I, II.A.2, and II.A.3 as listed above. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved Grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. 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. g) 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. page 4 Development Contract— Site Grading Only Pine Glen March 13, 2006 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. 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 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. 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, page 5 Development Contract— Site Grading Only Pine Glen March B, 2006 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. b) The Developer shall provide a financial security or cash escrow in an amount of $625,000 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 final 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 final 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. page 6 Development Contract— Site Grading Only Pine Glen March 13, 2006 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. 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 page 7 Development Contract—Site Grading Only Pine Glen March 13, 2006 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. III. CITY'S IMPROVEMENTS A. No City improvements are proposed under the grading project. B. Lift Station design will be performed by the City. Plans and specifications will be prepared and sent to the Developer for use in his/her bidding process. 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 Page 8 Development Contract—Site Grading Only Pine Glen March 13, 2006 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. 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 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. page 9 Development Contract— Site Grading Only Pine Glen March 13, 2006 3. Prior to release of the building permits for one structure per ten(10) acres 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 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 page 10 Development Contract— Site Grading Only Pine Glen March 13, 2006 bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either 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 page 11 Development Contract— Site Grading Only Pine Glen March 13, 2006 a) Phase 1 of the project including 40 residential lots can not be final platted until 2006. The final plat for phase 2 of the project including 32 residential lots can not be final platted until 2007. b) A sign must be provided at the northern terminus of Street C and the southern terminus of Street B that indicate that the road is intended to continue in the future. c) Homeowner's Association documentation must be submitted with the final plat application. d) Park dedication fees must be paid in accordance with the city fee schedule. e) A site and building plan review must be completed for both of the commercial lots prior to any commercial activities on those sites. f) All existing structures must be removed prior to the approval of a final plat for any portion of Phase 1. Demolition permits must be obtained prior to the demolition of any structures. g) 4.08 acres of commercial MUSA is here by allocated to the commercial portion of the site. h) 15.4 acres of residential MUSA reserve in year 2005, 5.1 acres of residential MUSA reserve in year 2006 is here by allocated for Phase I of the residential portion of the site. i) 19.8 acres of residential MUSA reserve in 2007 is here by allocated for Phase II of the residential portion of the site. j) City native seed mix must be used in all drainage ponds and wet areas and a 3 year management plan must be established with a reputable management company. k) Right of way for Lake Drive shall be dedicated as 60 feet from centerline. 1) A 15 foot wide trail easement along Lake Drive will need to be dedicated to the city prior to the City Council approving any final plat for the project. This easement will need to be outside the ultimate right-of-way width for Lake Drive. page 12 Development Contract— Site Grading Only Pine Glen March 13,2006 m) The project is subject to Rice Creek Watershed review and approval. n) The project is subject to Anoka County Highway Department review and approval. o) A temporary cul-de-sac must be provided at the southern terminus of Street C. p) Plans depicting the integration of Street A into Lois Lane must be submitted and approved by the City Engineer. q) The outlots A, E and F per Pine Glen 1"Addition shown on the plat shall be turned over to the city,but shall in no way reduce the park dedication fees required for the project. r) A 50 foot by 50 foot outlot shall be created for the purpose of the lift station currently depicted on Lot 27 of the plat. This lot shall be dedicated to the city upon recordation. s) The developer shall satisfy all of the engineering comments attached to the staff report. 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 13 Development Contract—Site Grading Only Pine Glen March 13, 2006 DEVELOPER CITY OF LINO LAKES , By t By Deve per Mayor ATTEST: Y Al STATE OF MINNESOTA ) SS COUNTY OF ANOKA ) On this,yay of 200/,before me,allotary Public within and for said County, personally appeared JohriPniQecGo (Mayor) and Jultaxnz ?vA-k(((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. Notary public Q, C STATE OF MINNESOTA ) � ) SS GEORGIA A.ROERING COUNTY OF ANOKA ) Notary QUblic-Minnesota My Comm.Expires Jan.31,2009 On this `~day of A :of 200L before me, a Notary Public within and for s d County, personally appeared y�a1`'G� (Developer), to me known to be the +kSdb�of 23.U�L a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. BALEEN ROBERTS Notary Public NOTARY PUBLIC•MINNESOTA My Commission E*irss Jan.31,2010 page 14 ATTACHMENT A - GRADING ONLY 3-13-2006 SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Pine Glen NUMBER OF REU's: 72 APPLICANT: 23, LLC ASSESSED AREA(ac.): 44.78 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT(Z) 1 SITE GRADING Estimate a $389,400 2 EROSION CONTROL Estimate a $18,845 3 SITE ENGINEERING &SURVEYING Estimate a $9,000 4 LANDSCAPING Estimate e 5 STREET CONST. A. Subgrade/Base Course Estimate e B. Wear Course Estimate e 6 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e C. Surface Water Mgmt. Charge (s.f.) a 7 SANITARY SEWER CONST. A. Trunk Area Charge (ac.) a B. Trunk Credit C... Trunk Unit Charge (REU) D. Lateral Estimate e 8 WATERMAIN CONST. A. Trunk Area Charge (ac.) a B. Trunk Credit B. Trunk Unit Charge(REU) a C. Lateral Estimate e TOTALS: $417,245 $0 $0 See Attachment B for security amounts to be posted NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study ATTACHMENT B - GRADING ONLY 3-13-2006 CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Pine Glen NUMBER OF REU's: 72 APPLICANT: 23, LLC ASSESSED AREA(ac.): 44.78 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP.(X) IMP. (Y) AMOUNT(Z) 1 PLANNING/REVIEW A. Plat Review Fee $5,000 b $5,000 B. Planner Review Fee $5,000 b $5,000 2 ADMINISTRATION A. Legal $1,000 a $1,000 B. Administration Fee 3%of const. b $12,500 C. Publications $1,000 b $1,000 3 ENGINEERING A. Plan/Plat/Grading Review $15,000 b $15,000 B. Preparation of Plans&Specs. - Lift Station $20,000 b $20,000 C. Construction Services $15,000 b $15,000 D. Construction Staking $0 b $0 E. City Engineering $8,000 b $8,000 4 DEVELOPMENT FEES A. Park Dedication Fee $2075/unit d B. Sealcoating Fee $0.27/SF b C. Aerial Photo Fee 90/unit b 5 BOULEVARD TREE PLANTING $465/tree b 6 DEVLOPMENT SECURITIES A. Tree Preservation 95/unit b B. Street Lighting - installation $2,500 a C. Street Lighting -operation $265 D. Traffic Signing $3,000 a E. Street, Storm Sewer, Pond Maint b F. Other- Property Tax, FEMA TOTALS: $0 $0 $82,500 SECURITY AMOUNTS TO BE POSTED Att.A Att. B Total X= DEV. IMPROVEMENT COSTS X 1.5(LETTER OF CREDIT) $625,000 $0 $625,000 Y= CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $0 $0 $0 Z=CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $82,500 $82,500 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 MINNESnTA -- Document No.: 1984005.012 ABSTRACT I hereby certifv that the within instrument was filed in this office for record on: 04�28I2006 12:58:00 PM Fees%Taxes In the :mount of: $46.00 MAUREEN J. DEVINE Anoka County Property Tax Adininisti atol'Recorder-'Registrar of Titles NLW, DeputN Record ID: 1680484