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:
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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
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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.
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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,
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Development Contract— Site Grading Only
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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.
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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
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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
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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.
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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
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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
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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.
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Development Contract— Site Grading Only
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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.
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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