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HomeMy WebLinkAbout2013-055 Council Resolution• • • CITY OF LINO LAKES RESOLUTION NO. 13 -55 RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR THE VILLAGE NO. 5 WHEREAS, the City Council approved the PUD Final Plan/Final Plat for The Village No. 5 on May 13, 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 Lino Lakes Lodging and the City of Lino Lakes for The Village No. 5 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 1 0th day of June, 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council Member O' Donnell and upon vote being taken thereon, the following voted in favor thereof: Roeser, O'Donnell, Rafferty, Stoesz, Reinert The following voted against same: none ATTEST: uli:nne Bartell, CiCy Ci���ei • • CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Jason Wedel, City Engineer MEETING DATE: June 10, 2013 TOPIC: Consider Resolution No. 13 -55, Approving Development Agreement for The Village No. 5 (Lino Lakes Assisted Living) VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the Development Agreement for The Village No. 5. BACKGROUND The City Council approved the Final Plat for The Village No. 5 on May 13, 2013 with Resolution No. 13 -54 subject to the condition that a Development Agreement is executed by and between the developer and City. The Development Agreement has now been prepared which 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. RECOMMENDATION Staff is recommending approval of Resolution No. 13 -55. ATTACHMENTS 1. Resolution No. 13 -55 2. Development Agreement • DEVELOPMENT CONTRACT The Village No. 5 THIS AGREEMENT made this day of March, 2013, 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 Lino Lakes Assisted Living, LLC, a Minnesota limited liability company, whose address is P.O. Box 6124, St. Cloud, MN 56302 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 The Village No. 5 hereinafter called "Subdivision," said land is legally described to -wit (the "Property"): Lot 4, Block 1, and Outlot A, The Village No. 4, Anoka County, Minnesota WHEREAS, the Developer is to be responsible for the installation and financing of certain public and private improvements within the Subdivision; and 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 S. \Community Develonment\Projects\ PLANNING CASES\Lino Lakes Assisted Living Addition \Anreements\Development Contract \Development Contract Citv Review 6- 7.docx The Village No. 5 Development Contract May, 2013 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 associated with the relocation of the 12 -inch trunk watermain 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." II. DEVELOPER PLANS A. The Property shall be developed in accordance with the following plans, original copies of which are on file with the City Engineer. The plans maybe 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 Cl — General Notes & Specifications Plan C2 — Standard City Details Plan C3 — Standard Details Plan C4 — Grading Plan Plan C5 — Storm Water Pollution Prevention Plan - Notes Plan C6 — Storm Water Pollution Prevention Plan — Plan View Plan C7 — Utility & Paving Plan Plan C8 — Water Main Re -Route Plan & Profile B. The plans shall be approved by the City of Lino Lakes, which approval shall not be unreasonably withheld. 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. page 2 • • • The Village No. 5 Development Contract May, 2013 Said plan shall be approved by the City prior to the commencement of site grading or construction. 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 activities. All terms and conditions of the NPDES permit must be adhered to by the Developer throughout 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. page 3 The Village No. 5 Development Contract May, 2013 i) No soils shall be imported or exported without City approval, which shall not be unreasonably withheld. 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 and driveway grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter shall be furnished and installed. 5. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 6. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 7. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. 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. page 4 • • • The Village No. 5 Development Contract May, 2013 9. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. 10. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. As previously stated, the Developer shall attain an NPDES Stormwater Permit, and shall adhere to all terms and conditions of the Rice Creek Watershed (RCWD) permit. Any work extending into the right of way of Anoka County shall be subject to the requirements of Anoka County, and the Developer shall be responsible for attaining any permits from the County as may be needed. 11. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to construction of the improvements. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 12. 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 Public 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. page 5 The Village No. 5 Development Contract May, 2013 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's Public Improvementsaand hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Public 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 twenty percent (120 %) of the total estimated cost of Developer's Public Improvements and thirty five percent (35 %) of Developer's Private Improvements. The bank and form of the Letter of Credit or security shall be subject to the approval of the City, which shall not be unreasonably withheld. 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's page 6 • • II 1 • • The Village No. 5 Development Contract May, 2013 Public 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 reasonably determined by the City Engineer. III. CITY IMPROVEMENTS A. Special Assessments. The City shall assess the Property for the Sanitary Sewer and Water Trunk Unit Charges in the total amount of $81,800 as shown on Attachment A. The assessments shall be made pursuant to Minnesota Statute 429 and City Charter and applicable City policies. The assessments shall be payable in equal annual principal installments plus interest on the unpaid installments at a rate not to exceed the maximum allowed by law. All special assessments levied hereto shall be payable to the City Clerk in semi - annual installments over fifteen (15) years commencing on April 15 of the year after the levy of such assessment and on each September 15 and April 15 thereafter until the entire balance plus accrued interest is paid in full unless paid earlier. In the alternative, the City, at its option, may certify the entire assessment roll to the Anoka County Auditor for collection with the Real Estate Taxes. In the event any payment is not made on the dates set out herein, the City may exercise its rights granted hereunder for such default. The Developer waives any and all procedural and substantive objections to the installation of the City Improvements and the special assessments, including but not limited to hearing requirements and any claim that the assessments exceed the benefit to the property. B. Acceleration Upon Default. In the event the Developer violates any of the covenants, conditions or agreements herein contained to be performed by the Developer, violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat, or fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City at its option, in addition to its rights and remedies hereunder, after ten (10) days' written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek recovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to M.S. 429.061, Subd. 3 for collection the following year. The City, at its option, may commence legal action against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. Also, if Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this agreement the City, at its option, may page 7 The Village No. 5 Development Contract May, 2013 refuse to issue building permits to any of the property within the plat on which the assessments have not been paid. 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. The Property is released from the Site Improvement Performance Agreement dated January 13, 2006 . V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount reasonably determined by the City Administrator or his designee for the 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 the charges. 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 page 8 • • • • The Village No. 5 Development Contract May, 2013 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. 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 page 9 The Village No. 5 Development Contract May, 2013 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 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. page 10 • • • • • • The Village No. 5 Development Contract May, 2013 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 The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: 1. The developer shall submit an executed development agreement and all documents, fees and securities required therein prior to release of the signed Final Plat. 2. The developer shall record the plat within 90 days after the date of approval, otherwise the approval of the final plat shall be considered void, unless the developer requests and receives an extension from the City Council. 3. A Sign Permit application shall be submitted and approved by the City Staff prior to installation or construction of any signage. 4. A Grading Permit application shall be submitted and approved by City Staff prior to any grading or site work. 5. A Building Permit application shall be submitted and approved by City Staff prior to any construction. 6. A variance increasing the maximum right of way setback shall be approved by the City Council. 7. A photometric and lighting plan shall be submitted and approved by the City Staff. 8. The Southeast (Street) Elevation main entrance facade shall be all brick as shown on the original elevation sheet submitted March 11, 2013. 9. A decorative window or louver shall be incorporated into the shake /gable. 10. Documentation from MnDOT stating the concerns from their April 4, 2013 letter have been addressed. 11. A copy of the Rice Creek Watershed District permit shall be submitted to the City. 12. All comments from the City Engineer Letter dated May 1, 2013 shall be addressed. 13. Upon the City's acquisition of Outlot B of The Village No. 3, the City will work with the Developer to execute an access easement across the portion page 11 The Village No. 5 Development Contract May, 2013 of the outlot shown in the approved plans to be encumbered by the proposed driveway connection to Town Center Parkway. 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. The City shall give prior written notice to the Developer of any default hereunder before proceeding to enforce any financial guarantee, including the Letter of Credit, or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within ten (10) days after such notice to it, the Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, or if the City does not approve of the method or timing of the cure, which approval will not be unreasonably withheld, the City will proceed with the remedy it deems appropriate. XV. PARK DEDICATION A. The Park dedication fee for this site is calculated as follows: 1.25 Acres x $2,175 = $271 8.75 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. page 12 • The Village No. 5 Development Contract May, 2013 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 page 13 ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: The Village No. 5 APPLICANT: Lino Lakes Lodging ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 5 STREETS A. On Site Parking Lot 6 STORM SEWER CONST. A. Trunk B. Lateral C. Surface Water Mgmt. 7 SANITARY SEWER CONST. A. Trunk Unit Charge (REU) B. Lateral C. Trunk Credit 8 WATERMAIN CONST. A. Trunk Unit Charge (REU) B. Lateral C. Trunk Credit NOTE: BUDGET COST NOTE Estimate e Estimate e Estimate e Estimate e Estimate e Estimate e Estimate e $0.199/sf a $2,911 /unit a Estimate e Estimate e $3,854 /unit a Estimate e Estimate e TOTALS: See Attachment B for security amounts to be posted a: b: c: d: e: f: Cost by City policy Estimated Cost or Budget by City Previously Assessed Cash Requirement per Agreement with Park Board Provided by Developer Estimate by Feasibility Study NUMBER OF REU's: ASSESSED AREA (ac.): PRIVATE IMP. (W) $88,800 $4,725 $40,600 $59,400 $71,800 $40,000 $6,500 $17,300 $329,125 5 -15 -2013 12 1.25 PUBLIC FEE IMP. (X) AMOUNT (Z) $48,500 $48,500 $34,932 $46,248 $81,180 ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS *PROJECT NAME: The Village No. 5 NUMBER OF REU's: APPLICANT: Lino Lakes Lodging ASSESSED AREA (ac.): 1.25 IL 5 -15 -2013 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 $1,000 b $1,000 B. Planner Review Fee $1,000 b $1,000 2 ADMINISTRATION A. Legal $1,250 a $1,250 B. Administration Fee 3% of const. b $0 C. Publications $0 b $0 3 ENGINEERING A. Plan /Plat/Grading Review $2,500 b $2,500 B. Construction Services $5,000 b $5,000 C. Construction Staking $0 b $0 D. City Engineering $2,500 b $2,500 4 DEVELOPMENT FEES A. Park Dedication Fee $2175 /acre d $0 $2,719 B. Park Dedication Credit $0 $0 C. Sealcoating Fee $0.30 /SF b $0 $0 D. Aerial Photo Fee 90 /unit b $90 $0 lip BOULEVARD TREE PLANTING $465 /tree b $0 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 $14,340 $2,719 Grading Only Escrow Credit $0 TOTALS: $14,340 $2,719 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total W = PRIVATE IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $115,000 $0 $115,000 X = PUBLIC IMPROVEMENT COSTS X 1.2 (LETTER OF CREDIT) $58,200 $0 $58,200 Y = CITY ESCROW COSTS X 1.0 (CASH ESCROW) $0 $14,340 $14,340 Z = CITY FEES X 1.0 (CASH FEE) $81,180 $2,719 $83,899 NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed 41) d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study