HomeMy WebLinkAbout2013-027 Council Resolution•
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CITY OF LINO LAKES
RESOLUTION NO. 13 -27
RESOLUTION APPROVING DEVELOPMENT AGREEMENT
FOR FOREST VIEW ACRES 2ND ADDITION
WHEREAS, the City Council approved the Final Plat for Forest View Acres 2nd Addition,
formerly known as Rademacher Addition, on March 11, 2013, and
WHEREAS, the City's subdivision ordinance and conditions of approval require the execution
of a development agreement, between the Developer and the City of Lino Lakes.
NOW, THEREFORE BE IT RESOLVED that The City Council of The City of Lino Lakes
hereby approves the Development Contract between Rademacher LLP and the City of Lino
Lakes, for Forest View Acres 2nd Addition and authorizes the Mayor and City Clerk to execute
such agreement on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 25th day of March, 2013.
The motion for the adoption of the foregoing resolution was introduced by Council Member
Roeser and was duly seconded by Council Membeio' Donnellnd upon vote being
taken thereon, the following voted in favor thereof:
Roeser, O'Donnell, Rafferty, Stoesz, Reinert
The following voted against same:
none
ATTEST:
J ianne Bartell, Cit Clerk
Jeff Reine , Mayor
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Forest View Acres 2m1 Addition
Development Contract
March, 2013
WHEREAS, said public and 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. DEVELOPER IMPROVEMENTS
A. Improvements to be installed by the Developer and financed by the Developer are
hereinafter referred to as "Developer Improvements ".
B. The Developer Improvements are categorized as either Public Improvements or
Private Improvements. Improvements completed within the public right -of -way are
hereinafter referred to as "Public Improvements." Improvements completed on
private property, regardless of lying within a public easement, are private and are
hereinafter referred to as "Private Improvements" with the following exception:
1. The public trail located on the west side of Lots 1 & 2; Block 1 shall be
considered a "Public Improvement."
II. DEVELOPER PLANS
A. The subject property shall be developed in accordance with the following plans,
original copies of which are on file with the City Engineer. The plans may be
prepared after entering this agreement but must be completed and approved by the
City before commencement of any work on the Subject Property If the plans vary
from the written terms of this Agreement, the written terms shall control. The plans
are:
Plan A — Plat
Plan B — Grading Plan
Plan C — Erosion Control Plan
Plan D - Sediment Control Plan
Plan E — Utility Plan
Plan F — Tree and Ground Cover Plan
Plan G — Shrub Plan
Plan H — Tree Preservation Plan
Plan J — Lighting Plan
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Development Contract
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B. 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.
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.B.1 and II.B.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
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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) The Developer shall install four (4) inches of topsoil on all
boulevards and seed or sod as approved by the City.
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.
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 with the exception of the well that will be used for
irrigation purposes.
4. Final access drive, turn lanes 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.
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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.
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.
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.
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12. Cost of Developer Improvements and description are as shown on
Attachment A.
13. Construction of Developer's Improvements:
a) The construction, installation, materials and equipment shall be in
accordance with the plans and specifications approved by the City.
b) All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental
agency having jurisdiction.
c) Prior to the acceptance of Developer Improvements by the City, the
Developer shall obtain final plat approval and record the final plat
which will dedicate all permanent easements necessary for the
construction and installation of the Developer 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.
14. 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.
15. Faithful Performance of Construction Contracts and Letter of Credit
a) 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 %) percent of the
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total estimated cost of Developer's Public Improvements and thirty
five (35 %) of Developers Private Improvements. The bank and form
of the Letter of Credit or security shall be subject to the approval of
the City. An Irrevocable Letter of Credit shall be for the exclusive
use and benefit of the City of Lino Lakes and shall state thereon that
the same is issued to guarantee and assure performance by the
Developer of all the terms and conditions of this Development
Contract and construction of all required improvements in
accordance with the ordinances and specifications of the City. The
City reserves the right to draw, in whole or in part, on any portion of
the Irrevocable Letter of Credit for the purpose of guaranteeing the
terms and conditions of this contract. The Irrevocable Letter of
Credit shall be automatically extended for additional periods of one
year from present or future expiration dates.
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.
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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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):
1. Planner Review Fee
2. Administration - 3% Construction Cost
3. Engineering
4. Legal
5. Publications
6. Park Dedication Fee
7. Street - Storm Sewer - Pond Maintenance
8. 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. TRUNK UTILITY & SURFACE WATER MANAGEMENT CHARGES
A. Trunk Sewer Unit Charges. The City has established trunk unit charges to
uniformly distribute the costs of public trunk sanitary sewer infrastructure. Each
individual connection to the sanitary sewer system shall be charged a unit charge
per SAC unit (currently at $2,911 per SAC unit) at the time of building permit
issuance. The unit charge shall be based on the procedure outlined in the
Metropolitan Environmental Services Service Availability Charge Procedure
Manual. Trunk sewer unit charges addressed under this paragraph are in addition
to any SAC charges imposed by Metropolitan Council Environmental Services.
An estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Attachment A.
B. Trunk Water Unit Charges. The City has established trunk unit charges to
uniformly distribute the costs of public trunk water infrastructure. Each
individual connection to the water system shall be charged a unit charge per SAC
unit (currently at $3,854 per SAC unit) at the time of building permit issuance.
The unit charge shall be based on the procedure outlined in the Metropolitan
Environmental Services Service Availability Charge Procedure Manual. An
estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Attachment A.
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C. Surface Water Management Area Charges. The City has established a trunk area
charge to uniformly distribute the costs of public trunk surface water
infrastructure and water quality improvements. The Developer shall pay pursuant
to the terms of the development agreement Surface Water Management Charges,
based on developable acreage, in the amount specified in Attachment A.
VII. 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 an as-built survey certifying that all the grading
complies with the grading plan prior to issuance of building permits.
VIII. 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
IX. OWNERSHIP OF IMPROVEMENTS
A. Upon completion and City acceptance of the work and construction required by this
agreement, the Public Improvements lying within public rights of way shall become
City property. Upon completion of the work and construction required by this
contract of the utility and site improvements lying within the public easements,
except for the City trail as described in Section I. B., 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 repair and maintain any private facilities shall
be billed directly to the property owners.
X. 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
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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 /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.
XI. 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.
XII. 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.
XIII. 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.
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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. A Declaration for Maintenance of Storm Water Facilities must be executed
for the storm water treatment facilities located on the site in the form of
Attachment C.
2. A Quit Claim Deed in favor of the City must be prepared and recorded for
the trail easement along Lake Drive.
3. A Reciprocal Access, Operation and Maintenance Agreement between the
two newly created lots must be recorded concurrently with the plat. The
Developer shall provide to the City, for its approval, a copy of the
agreement. Such agreement shall at a minimum provide for; 1) ingress and
egress across properties; 2) a proof of parking provision; 3) maintenance
of private improvements (i.e., sanitary sewer, water main, snow removal,
landscaping); 4) Provisions for maintaining surface water management
features including infiltration areas in accordance with RCWD and City
requirements.
4. The Rice Creek Watershed District must review and issue a permit for the
project prior to building permits being issued by the city for any new
construction.
5. The Anoka County Highway Department must review and issue a permit
for the work within the County right -of -way prior to any construction.
6. Proof of Parking — A declaration requiring the owner to install additional
parking stalls upon finding of the City that such stalls are necessary to
accommodate the use must be recorded against the property.
XIV. 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.
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XV. PARK DEDICATION
A. The Park dedication fee for this site is calculated as follows:
4.47 acres x $2,175 = $9,722.25
The Developer is constructing at his sole expense pedestrian trails along both Lake
Drive and Main Street as shown in the approved plans. These improvements are
hereby credited against the Park dedication fee.
Total Park dedication owed is $0.
XVI. 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
Developer Mayor
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA
ATTEST:
By
Clerk
On this day of , 20_. before me, a Notary Public within and for said County,
personally appeared
(Mayor) and (Clerk), to me known to be respectively the Mayor
and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge
that they executed the same on behalf of said City.
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA
Notary public
On this day of , of 20_, before me, a Notary Public within and for
said County, personally appeared (Developer), to me known to be the
, of , 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.
Notary Public
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ATTACHMENT A
SUMMARY OF IMPROVEMENT COSTS
3 -7 -2013
DEVELOPER INSTALLED IMPROVEMENTS
• PROJECT NAME: Forest View Acres 2nd Addition NUMBER OF REU's: 8
APPLICANT: Rademacher Family LP ASSESSED AREA (ac.): 4.47
BUDGET PRIVATE PUBLIC FEE
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (W) IMP. (X) AMOUNT (Z)
1 SITE GRADING Estimate e $78,000 $4,000
2 EROSION CONTROL Estimate e $4,000
3 SITE ENGINEERING & SURVEYING Estimate e $6,500
4 LANDSCAPING Estimate e $58,900
5 STREETS
A. Turn Lanes Estimate e $26,544
B. On Site Parking Lot Estimate e $203,031
B. Pedestrian Trail Estimate e $8,000 $23,872
6 STORM SEWER CONST.
A. Trunk Estimate e $0
B. Lateral Estimate e $70,200
C. Surface Water Mgmt. $0.112/sf a $21,808
7 SANITARY SEWER CONST.
• A. Trunk Unit Charge (REU) $2,911 /unit a $23,288
B. Lateral Estimate e $84,450
C. Trunk Credit Estimate e ($38,786) ($38,716)
8 WATERMAIN CONST.
A. Trunk Unit Charge (REU) $3,854 /unit a $30,832
B. Lateral Estimate e $14,500 $67,750
C. Trunk Credit Estimate e ($8,356) ($8,536)
TOTALS: $443,131 $159,474 $28,676
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
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ATTACHMENT B
CITY FEES
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Forest View Acres 2nd Addition NUMBER OF REU's:
APPLICANT: RADEMACHER FAMILY LP ASSESSED AREA (ac.): 4.47
3 -7 -2013
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BUDGET PRIVATE PUBLIC ESCROW FEE
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (W) IMP. (X) AMOUNT (Y) AMOUNT (Z)
1 PLANNING /REVIEW
A. Plat Review Fee $1,500 b $800
B. Planner Review Fee $1,500 b $1,500
2 ADMINISTRATION
A. Legal $1,000 a $500
B. Administration Fee 3% of const. b $13,290
C. Publications $1,000 b $0
3 ENGINEERING
A. Plan /Plat/Grading Review $5,000 b $2,500
B. Construction Services $15,000 b $15,000
C. Construction Staking $0 b $0
D. City Engineering $12,500 b $2,000
4 DEVELOPMENT FEES
A. Park Dedication Fee $2175 /unit d $9,722
B. Park Dedication Credit ($9,722)
C. Sealcoating Fee $0.28/SF b $0
D. Aerial Photo Fee 90 /unit b $180
5 BOULEVARD TREE PLANTING $465 /tree b $0
41)
6 DEVLOPMENT SECURITIES
A. Tree Preservation 95 /unit b $0
B. Street Lighting - installation $2,500 a $0
C. Street Lighting - operation $265 $0
D. Traffic Signing $500 a $0
E. Street, Storm Sewer, Pond Maint. b $1,000
SUBTOTAL: $0 $0 $36,590 $180
Grading Only Escrow Credit $0 $0
TOTALS: $36,590 $180
SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total
W = PRIVATE IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $155,000 $0 $155,000
X = PUBLIC IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $240,100 $0 $240,100
Y = CITY ESCROW COSTS X 1.0 (CASH ESCROW) $0 $36,590 $36,590
Z = CITY FEES X 1.0 (CASH FEE) $28,676 $180 $28,856
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
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ATTACHMENT C
DECLARATION FOR MAINTENANCE
of
STORMWATER FACILITIES
THIS DECLARATION is made this day of , 20_, by
Rademacher Family Limited Partnership, ( "Declarant "), 14021 Round Lake Boulevard, Andover,
MN 55304, in favor of the Rice Creek Watershed District, a body with powers pursuant to
Minnesota Chapters 103B and 103D ( "RCWD ") and the City of Lino Lakes, a political subdivision
of the State of Minnesota.
WHEREAS, Declarant(s) hold(s) fee interest in real property within the City of Lino Lakes
• Anoka County, Minnesota, platted and legally described as:
Lot 1 and Lot 2, Block 1, Forest View Acres 2nd Addition
WHEREAS, no one other than Declarant possess any right, title or interest in the
Property; and
WHEREAS, the facilities on or to be located on the Property to which the maintenance
requirements in the Declaration apply as labeled on the scaled site plan Attachment A and
legally described on attachment B, each incorporated herein, are as follows (the Facilities):
[list stormwater facilities as labeled on Attachment A]
[Note: A legal description is required only for swales, buffers or other non - structural features
that cannot be clearly delineated on Attachment A.]
WHEREAS, Declarant desires to subject the Property to certain conditions and
restrictions imposed by the RCWD as a condition to issuance of RCWD Permit #
and by the City as condition of Final Plat approval, for the mutual benefit of the RCWD, City and
Declarant.
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NOW THEREFORE, Declarant makes this declaration and hereby declares that this
declaration shall constitute covenants to run with the Property, and further declares that the
Property shall be owned, used, occupied, and conveyed subject to the covenants and
restrictions set forth in this declaration, all of which shall be binding in perpetuity on all persons
owning or acquiring any right, title or interest in the Property, and their heirs, successors,
personal representatives and assigns, but only during the period of ownership of that right, title
or interest.
1. Declarant will inspect the Facilities at least annually.
2. Declarant will maintain and repair the facilities:
a. In the case of basins and other facilities where sediment collects, to preserve
live storage or capacity at or above the design volume or, where no design
live storage volume or capacity is incorporated into the permit, the volume
or capacity recommended by the manufacturer.
b. In the case of conveyances and other structures, to preserve design hydraulic
capacity.
c. In the case of facilities relying on soils and vegetation for stormwater
management or treatment, to preserve healthy vegetation and design soil
permeability.
d. In the case of all facilities, as necessary to preserve the integrity and
intended function of the facility.
3. Declarant will submit to the RCWD and City annually, within 30 days of the
anniversary of permit issuance, a report listing inspection dates, facilities inspected,
facility conditions and actions taken, and dates of actions taken.
4. If Declarant is not maintaining the stormwater treatment system in accordance with
this declaration, then the RCWD and /or City may give written notice to Declarant
detailing the deficiency. If the deficiency has not been corrected within twenty (20)
days after receipt of this notice, or Declarant has not within that period made
arrangements deemed adequate by the RCWD and /or City for the deficiency to be
corrected, then either the RCWD or City, without further notice, may take steps that
it deems reasonable to correct the deficiency, and may have access to the property
during reasonable times for that purpose. Provided, that the RCWD or City shall
provide notice before entry and exercise due care to avoid unnecessary disturbance
or damage to the property. Within thirty (30) days of receipt of invoice Declarant
will reimburse the RCWD and /or City for all costs incurred, including Administrative
overhead and attorneys' fees, by the RCWD or City in correcting the deficiency.
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5. If a City invoice is not paid within 30 days of receipt, or the Declarant has not
contested in writing the reasonableness of the invoice within 30 days after receipt,
the Declarant agrees that the City may direct Anoka County to certify the cost
against the Property so as to be paid with property taxes. Declarant waives any and
all right to appeal the charge or otherwise challenge or contest the charge or the
procedure by which the charge is certified against the Property.
6. Any notice under this declaration shall be sent by certified mail, return receipt
requested, or delivered to the following address:
Rademacher Family Limited Partnership
14021 Round Lake Boulevard
Andover, MN 55304
Declarant may change this address by a certified letter to the RCWD referencing the
permit number.
7. An executed copy of this declaration shall be filed with the Anoka County Recorder's
Office /Registrar, filing cost to be borne by the Declarant. This declaration will be
unlimited in duration without being re- recorded. Nothing herein constitutes a
private covenant, condition or restriction within the meaning of Minnesota Statutes
500.20, subdivision 2a.
[INDIVIDUAL DECLARANT]
DECLARANT
STATE OF MINNESOTA )
) ss.
COUNTY OF [County] )
The foregoing instrument was acknowledged before me this day of
20_ by
Notary
(stamp)
[CORPORATE OR PARTNERSHIP DECLARANT]
DECLARANT
By:
Its:
STATE OF MINNESOTA
) ss.
COUNTY OF [County]
The foregoing instrument was acknowledged before me this day of
20_ by the of
a under the Laws of Minnesota, on behalf of Declarant.
Notary
This instrument was drafted by:
Name:
Address:
(stamp)
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CONSENT AND SUBORDINATION
, a Minnesota corporation, the holder of a mortgage dated
, , [filed for record with the County Recorder] County, Minnesota on
, as Document No. , hereby consents to the recording of the attached
Declaration and agrees that its rights in the property affected by the Declaration shall be
subordinated thereto.
IN WITNESS WHEREOF, , a Minnesota corporation, has caused this Consent
and Subordination to be executed this
[notary acknowledgement]
day of , 200 .
a Minnesota corporation
By:
Its:
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STAFF ORIGINATOR:
C. C. MEETING DATE:
TOPIC:
VOTE REQUIRED:
INTRODUCTION
CITY COUNCIL
AGENDA ITEM 6B
Michael Grochala
March 25, 2013
Consider Resolution No. 13 -27, Approving Development
Agreement, Forest View Acres 2' Addition
3/5
Staff is requesting City Council consideration of the Development Agreement for Forest View
Acres 2nd Addition.
BACKGROUND
The City Council approved the preliminary plat for Forest View Acres 2nd Addition, formerly
known as Rademacher Addition, on December 10, 2012 with Resolution No. 12 -129. The Final
Plat was approved on March 11, 2013 subject to the condition that a development agreement be
executed by and between the developer and city.
The Development Agreement provides for the submittal of fees and securities to cover City
review costs and ensure completion of the public and private improvements in accordance with
the approved plans. The agreement also requires the satisfaction of the following conditions:
1. A Declaration for Maintenance of Storm Water Facilities must be executed for the
storm water treatment facilities located on the site.
2. A Quit Claim Deed in favor of the City must be prepared and recorded for the
trail easement along Lake Drive.
3. A Reciprocal Access, Operation and Maintenance Agreement between the two
newly created lots must be recorded concurrently with the plat. The Developer
shall provide to the City, for its approval, a copy of the agreement. Such
agreement shall at a minimum provide for; 1) ingress and egress across properties;
2) a proof of parking provision; 3) maintenance of private improvements (i.e.,
sanitary sewer, water main, snow removal, landscaping); 4) Provisions for
maintaining surface water management features including infiltration areas in
accordance with RCWD and City requirements.
4. The Rice Creek Watershed District must review and issue a permit for the project
prior to building permits being issued by the city for any new construction.
5. The Anoka County Highway Department must review and issue a permit for the
work within the County right -of -way prior to any construction.
6. Proof of Parking — A declaration requiring the owner to install additional parking
stalls upon finding of the City that such stalls are necessary to accommodate the
use must be recorded against the property.
RECOMMENDATION
Staff is recommending approval of Resolution No. 13 -27.
ATTACHMENTS
1. Resolution No. 13 -27
2. Development Agreement
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