HomeMy WebLinkAbout2013-055 Council Resolution•
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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
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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
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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.
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The Village No. 5
Development Contract
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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.
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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.
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The Village No. 5
Development Contract
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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.
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Development Contract
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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
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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
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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
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The Village No. 5
Development Contract
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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
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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.
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The Village No. 5
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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
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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.
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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
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