HomeMy WebLinkAbout2013-058 Council Resolution•
•
•
CITY OF LINO LAKES
RESOLUTION NO. 13 -58
RESOLUTION APPROVING DEVELOPMENT AGREEMENT
FOR PRESERVE AT LINO LAKES
WHEREAS, the City Council approved the PUD Final Plan/Final Plat for Preserve at Lino
Lakes 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 Schwieters Investments of Lino Lakes, LLC
and the City of Lino Lakes for Preserve at Lino Lakes and authorizes the Mayor and City Clerk
to execute such agreement on behalf of the City.
Adopted by the Lino Lakes City Council this 28th day of May, 2013.
The motion for the adoption of the foregoing resolution was introduced by Council Member
O'Donnell and was duly seconded by Council Member Roeser and upon vote being taken
thereon, the following voted in favor thereof:
O'Donnell, Roeser, Rafferty, Stoesz, Reinert
The following voted against same:
none
ATT1 ST;
Julianne Bartell, City Clerk
Jeff Reinert Mayor
•
•
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: May 28, 2013
TOPIC: Consider Resolution No. 13 -58 Approving Development
Agreement, Preserve at Lino Lakes
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration of the Development Agreement for Preserve at
Lino Lakes.
BACKGROUND
The City Council approved the PUD Final Plan/Final Plat for Preserve at Lino Lakes on May 13,
2013 with Resolution No. 13 -57 subject to the condition a Development Agreement is executed
by and between the developer and City. The City Engineer has prepared the Development
Agreement 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. The City Attorney has reviewed the Title Commitment.
RECOMMENDATION
Staff is recommending approval of Resolution No. 13 -58.
ATTACHMENTS
1. Resolution No. 13 -58
2. Development Agreement
•
•
•
DEVELOPMENT CONTRACT
Preserve at Lino Lakes
THIS AGREEMENT made this day of May, 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 Schwieters Investments of Lino Lakes, LLC whose address is 13925 Fenway
Boulevard North, Hugo, MN 55038 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 Preserve at Lino Lakes
hereinafter called "Subdivision ", said land is legally described to -wit
The Southwest Quarter of the Southeast Quarter of Section 28, Township 31 , Range 22, Anoka
County, Minnesota, except GEMINI ESTATES and TRAPPERS CROSSING according to the
recorded plats thereof, Anoka County, Minnesota; also except that part of said quarter - quarter
described as follows: Commencing at the northwest corner of said quarter - quarter; thence South
89 degrees 29 minutes 30 seconds East along the north line thereof 360 feet to the point of
beginning; thence continuing South 89 degrees 29 minutes 30 seconds East along said north line
388.48 feet; thence South 22 degrees 30 minutes West 345 feet; thence South 21 degrees 12
minutes East 166.94 feet; thence North 89 degrees 29 minutes 30 seconds West 320 feet; thence
North 0 degrees 22 minutes 58 seconds East 475 feet to the point of beginning; and also except
that part of said quarter - quarter described as follows: Beginning at the northeast corner of said
quarter - quarter; thence South 0 degrees 33 minutes 07 seconds West along the east line thereof
170.04 feet to Point "A "; thence North 89 degrees 29 minutes 30 seconds West 418.54 feet;
thence North 22 degrees 30 minutes East 183.38 feet to the north line of said quarter - quarter;
thence South 89 degrees 29 minutes 30 seconds East along said north line 350 feet to the point of
beginning; and also except that part of said quarter - quarter described as follows: Beginning at
said Point "A "; thence North 89 degrees 29 minutes 30 seconds West 272.96 feet; thence South
22 degrees 30 minutes West 223.24 feet; thence South 89 degrees 29 minutes 30 seconds East
parallel with the north line of said quarter - quarter 356.42 feet, more or less, to the east line of
Preserve at Lino Lakes
Development Contract
May, 2013
said quarter - quarter; thence North 0 degrees 33 minutes 07 seconds East along said east line 207
feet, more or less, to the point of beginning.
AND
That part of the Northwest Quarter of the Northeast Quarter of Section 33, Township 31, Range
22, Anoka County, Minnesota, lying northwest of the west right -of -way line of Holly Drive.
WHEREAS, the Developer requested that the City construct and finance certain
improvements to service the plat; and
WHEREAS, the Developer is to be responsible for the installation and financing of
certain private improvements within the plat; and
WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City
installed improvements to the benefited property.
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; and
NOW, THEREFORE, in consideration of the mutual promises of the parties made
herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the
I. DEVELOPER IMPROVEMENTS
A. Improvements to be installed by the Developer and financed by the Developer are
hereinafter referred to as "Developer Improvements ".
B. Improvements to be installed by the City and financed by the Developer are
hereinafter referred to as "City Improvements ".
II. DEVELOPER'S PLANS
A. The subject property shall be developed in accordance with the following Developer
Plans, original copies of which are on file with the City Engineer. The Developer
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 Developer Plans are:
page 2
•
Preserve at Lino Lakes
Development Contract
May, 2013
Plan C1.01 — Plat
Plan C2.01 — Grading Plan
Plan C3.01 — Erosion Control Plan
Plan C4.01 - Sediment Control Plan
Plan C4.02 — Utility Plan
Plan C4.03 — Tree and Ground Cover Plan
Plan C5.01 — Shrub Plan
Plan C5.02 — Tree Preservation Plan
Plan C5.03 — Lighting Plan
Plan C6.01 — Street Plan & Profile
Plan C6.02 — Street Plan & Profile
Plan C6.03 — Street Plan & Profile
Plan C7.01 — Sanitary Sewer & Watermain Plan & Profile
Plan C7.02 — Sanitary Sewer & Watermain Plan & Profile
Plan C7.03 — Sanitary Sewer & Watermain Plan & Profile
Plan C8.01 — Storm Sewer Plan & Profile
Plan C8.02 — Storm Sewer Plan & Profile
Plan C9.01 — Construction Details
Plan C9.02 — Construction Details
Plan L1.01 — Landscape Plan
B. The Developer Plans shall be approved by the City of Lino Lakes. The Developer
shall secure C.W. Houle, Inc. to install these improvements. 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, including certified wetland delineations,
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. The final site grading plan
shall also be subject to the approval of any other governmental
agency having jurisdiction, including but not limited to the Rice
Creek Watershed District (RCWD). No grading shall commence
until all requirements of the RCWD have been satisfied. No
building permits shall be issued until all site grading has been
completed to the satisfaction of the City.
b) The grading plan and all site grading shall be provided and
conducted in accordance with the plan as approved by the City,
NPDES requirements and the RCWD. The Developer shall
perform the work in accordance with a Storm Water Pollution
page 3
Preserve at Lino Lakes
Development Contract
May, 2013
Prevention Plan (SWPPP) in accordance with Minnesota Pollution
Control Agency (MPCA) requirements.
c) The Developer shall be responsible for securing all required site
grading and development approvals and permits from all Federal,
State, Regional and Local agencies with jurisdiction or as
applicable prior to the commencement of site grading or
construction.
2. Erosion Control Plan
a) The Developer shall submit an erosion control plan, detailing all
erosion control measures to be implemented during construction.
Said plan shall be approved by the City prior to the commencement
of site grading or construction.
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 improvements 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 construction the duration of
construction of the Subdivision from start to finish.
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
page 4
•
•
Preserve at Lino Lakes
Development Contract
May, 2013
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 Developer Plans, immediately upon completion of grading.
h) The street right -of -way, storm water storage ponds, and surface
water drainage ways shall be graded prior to commencement of
utility construction.
i) Drainage swales, ditches, storm water storage ponds and other high
risk erosion areas shall be protected from erosion.
j) All grading must be completed prior to issuance of building permits.
k) 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.
1) The Developer's engineer shall certify, in writing with an as -built
survey, that all grading complies with the approved grading plan
prior to issuance of any building permits.
m) The Developer shall be responsible for ascertaining that site
geotechnical and groundwater conditions are adequate and
conforming with the grading and site improvement as proposed.
n) The Developer shall provide financial security and/or cash escrow to
assure completion of the grading and restoration, in the event that the
work is not completed by the Developer.
4. Final street grading, subbase, gravel base, concrete curb and gutter, and
bituminous base course and wear course.
5. All homeowners association declaration, covenants, and property and legal
requirements as required in the Agreement shall be submitted to the City
Attorney for review as required by the City's final plat requirements.
6. Storm sewers when determined to be necessary by the City Engineer,
including all necessary laterals, catch basins, inlets and other appurtenances
shall be furnished and installed.
page 5
Preserve at Lino Lakes
Development Contract
May, 2013
7. Sanitary sewer mains, laterals or extensions, including all necessary building
services and other appurtenances shall be furnished and installed.
8. Water mains, laterals or extensions, including all necessary building
services, hydrants, valves and other appurtenances shall be furnished and
installed.
9. The Developer shall place iron monuments at all lot and block corners and at
all other angle points on boundary lines. Iron monuments shall be placed
after all street and lawn grading has been completed in order to preserve the
lot markers for future property owners. Lot corner irons on the back
property line shall be installed so that the top of the iron corresponds to the
finished ground elevation in accordance with the approved grading plan —
guard stakes shall be appropriately installed to mark these irons.
10. 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.
11. Street Lighting:
a) Residential street lighting shall be owned by the City. Such street
lighting system shall be installed, operated, and maintained by the
electric company. City and electric utility company may enter into a
contractual agreement on the rate and maintenance of the street
lighting system. City shall use escrow funds to pay for street light
installation.
b) It shall be the responsibility of the Developer to pay for street
lighting operation charges for the initial 15 months of operation of
the system.
12. 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,
page 6
•
Preserve at Lino Lakes
Development Contract
May, 2013
in recordable form, containing such terms and conditions as the City shall
determine.
13. 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.
14. 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.
15. Cost of Developer Improvements and description are as shown on
Attachment A.
16. Construction of Developer's Improvements:
a) The construction, installation, materials and equipment shall be in
accordance with the Developer 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.
17. The Developer shall construct and pay for all improvements as described in
the landscaping plan.
18. Record Drawings
a) Upon completion of construction of streets, sanitary sewer,
watermain, storm sewer, facilities, and grading, the developer shall
page 7
Preserve at Lino Lakes
Development Contract
May, 2013
submit two (2) sets of record Developer Plans, two (2) electronic
copies of record Developer 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) 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
total estimated cost of Developer's Public 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.
page 8
•
Preserve at Lino Lakes
Development Contract
May, 2013
III. CITY IMPROVEMENTS
A. The City shall install the following described improvements to serve the
Subdivision on the terms and conditions herein set forth:
1. Storm sewer trunks.
2. Sanitary sewer trunks.
3. Water trunks.
B. Construction Procedures
1. All City improvements above shall be instituted, constructed and financed as
follows: The City shall commence proceedings pursuant to Minnesota
Statute 429 and City Charter providing that such improvements be made and
assessed against the benefited properties. After preparation of preliminary
Developer Plans and estimates by the City Engineer, an improvement
hearing, if required by law, will be called by the City Council for the
purpose of ordering such City Improvements. After preparation of the final
Developer Plans and specifications by the City Engineer, bids will be taken
by the City and contract awarded for the installation of City Improvements
under the City's complete supervision.
C. Security, Levy of Special Assessments and Required Payment Therefore.
1. Prior to the preparation of final Developer Plans and specifications for the
construction of said City Improvements, the Developer shall provide to the
City a cash escrow or letter of credit in an amount equal to thirty -five (35 %)
percent of the total estimated assessments as established by the City
Engineer. (See Attachment B)
2. Said letter of credit or cash escrow including accrued interest thereon, may
be used by the City upon default by Developer in the payment of special
assessments pursuant hereto, whether accelerated or otherwise. That such
cash escrow or letter of credit shall remain in full force and effect throughout
the term of the special assessments, except, the amount of such escrow or
letter of credit may be reduced, upon the request of the Developer, at the
City's option, but in no event shall be less than 35% of the outstanding
special assessments against all properties within the Subdivision. The entire
cost of the installation of such City Improvements, including any reasonable
engineering, legal and administrative costs incurred by the City, shall be
assessed against the benefited properties within the Subdivision in
accordance with City policy existing the date of this agreement, in equal
annual principal installments plus interest on the unpaid installments at a
rate not to exceed the maximum allowed by law.
page 9
Preserve at Lino Lakes
Development Contract
May, 2013
3. 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. In the event the total of all
City Installed Improvements is less than originally estimated by the City
Engineer in his feasibility report, Developer waives any appeal rights
otherwise available pursuant to M.S.A. 429.081.
D. Required Payments of Special Assessments by Developer.
1. Developer, its heirs, successors or assigns hereby agrees that within thirty
(30) days after the issuance of a certificate of occupancy for a residence on a
lot located within the Subdivision which is assessed for the cost of such City
Improvements, the Developer, its heirs, successors or assigns, agrees, at its
own cost and expense, to pay the entire unpaid City Improvement Costs
assessed or to be assessed under this agreement against such property.
2. If a certificate of occupancy is issued before the special assessments have
been levied, the Developer, its heirs, successors or assigns shall pay the City
the sum of cash equal to one hundred twenty percent (120 %) of the
Engineer's estimate of the special assessments for such City Improvements
that would be levied against the property. Upon such payment the City shall
issue a certificate showing the assessments are paid in full. Notwithstanding
the issuance of said certificate, the Developer shall be liable to the City for
any deficiency and the City shall pay the Developer any surplus arising from
the payment based upon such estimate. Developer will be paid interest on
all assessments paid before the levy of such assessments by the City at the
bond interest rates paid by the City.
E. Acceleration Upon Default.
1. 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
page 10
Preserve at Lino Lakes
Development Contract
May, 2013
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 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.
V. REIMBURSEMENT OF COSTS
A. The Developer agrees to establish a non - interest bearing escrow account with the
City in an amount determined by the City Administrator or his designee for the
payment of all costs incurred by the City related to the development of the
Subdivision and the Developer Improvements including, but not limited to, the
following (See Attachment B for breakdown of costs):
1. Plat Review Fee
2. Planner Review Fee
3. Administration - 3% Construction Cost
4. Engineering
5. Legal
page 11
Preserve at Lino Lakes
Development Contract
May, 2013
6. Publications
7. Park Dedication Fee
8. Street Lighting — Install/Operate
9. Traffic Signing Improvements
10. Boulevard Tree Planting
11. Street - Storm Sewer - Pond Maintenance
12. Sealcoating Fund
13. 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). 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). 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.
A credit of $12,281 will be applied against the Trunk Water Unit Charge for the
dedication of Outlot A to the City for use as a future well site.
C. Surface Water Management Area Charges. The City has established a trunk area
charge to uniformly distribute the costs of public trunk surface water
page 12
Preserve at Lino Lakes
Development Contract
May, 2013
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. The Developer further agrees that City Sewer, Water, Storm
Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas,
electric, and telephone will be completed prior to issuance of building permits.
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 or easements
shall become City property.
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
page 13
Preserve at Lino Lakes
Development Contract
May, 2013
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.
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:
page 14
•
Preserve at Lino Lakes
Development Contract
May, 2013
1. A revised Conservation Easement, Covenants & Restrictions (CECR) shall
be submitted to the City in recordable format.
2. Homeowners Association documents shall be submitted to the City in
recordable format including Bylaws and Articles of Incorporation.
3. A Grading Permit application shall be submitted and approved by City
Staff prior to any grading or site work.
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. A quit claim deed for conveyance of Outlot A to the City in recordable
format shall be submitted by the developer.
6. The "The Preserve Conservation Development; Restoration and
Management Plan for Conservation Areas" shall be revised and approved
by City staff.
7. A temporary cul -de -sac easement on Pheasant Run is required.
8. A Pedestrian and Bicycle Trail Easement shall be drafted by the City,
signed by the developer and recorded by the City.
XIV. VIOLATIONS/BUILDING 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.
XV. PARK DEDICATION
A. The Park Dedication fee for this site is calculated as follows:
31 units x $2,500 = $77,500
The Park Dedication fee shall be credited up to a maximum of $77,500 based on
the cost for the construction of the trail and boardwalk by the Developer. The cost
estimate for the trail is $13,119.60 and for the boardwalk is $147,600.
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 15
Preserve at Lino Lakes
Development Contract
May, 2013
DEVELOPER CITY OF LINO LAKES
By By
Developer Mayor
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA
A 1°1'EST:
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 16
ATTACHMENT A
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Preserve at Lino Lakes NUMBER OF REU's:
APPLICANT: Schweiters Investments of Lino Lakes ASSESSED AREA (ac.):
'EM NECESSARY IMPROVEMENTS
1 SITE GRADING
2 EROSION CONTROL
3 SITE ENGINEERING & SURVEYING
4 LANDSCAPING
A. Screening along north property line
B. Wetland Restoration
5 STREETS
A. Subgrade /Base Course
B. Wear Course
C. Boardwalk/retaining wall /fence
6 STORM SEWER CONST.
A. Trunk Estimate e
B. Lateral Estimate e
C. Surface Water Mgmt. $0.074/sf a
7 SANITARY SEWER CONST.
A. Trunk Unit Charge (REU) $2,911 /unit a
B. Lateral Estimate e
C. Trunk Credit Estimate e
WATERMAIN CONST.
A. Trunk Unit Charge (REU) $3,854 /unit a
B. Lateral Estimate e
C. Trunk Credit Estimate e
BUDGET
COST NOTE
Estimate e
Estimate e
Estimate e
Estimate e
Estimate b
Estimate e
DEVELOPER
IMP. (X)
$46,500
$19,066
$25,000
$4,000
$91,784
Estimate e $188,351
Estimate e $46,080
Estimate e $ 303,030
TOTALS:
See Attachment B for security amounts to be posted
NOTE:
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
$0
$114,710
$97, 698
$188,426
$1,124,645
5 -15 -2013
31
10.9
CITY ESCROW
IMP. (Y) AMOUNT (Z)
$35,135
$90,241
$119,474
($12,281)
$232,569
$0
ATTACHMENT B
CITY FEES
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Preserve at Lino Lakes
APPLICANT: Schweiters Investments of Lino Lakes
EM NECESSARY IMPROVEMENTS
1 PLANNING /REVIEW
A. Plat Review Fee
B. Planner Review Fee
2 ADMINISTRATION
A. Legal
B. Administration Fee
C. Publications
3 ENGINEERING
A. Plan /Plat/Grading Review
B. Construction Services
C. Construction Staking
D. City Engineering
4 DEVELOPMENT FEES
A. Park Dedication Fee
B. Park Dedication Credit
C. Sealcoating Fee
D. Aerial Photo Fee
5 BOULEVARD TREE PLANTING
6 DEVLOPMENT SECURITIES
A. Tree Preservation
B. Street Lighting - installation
C. Street Lighting - operation
D. Traffic Signing
E. Street, Storm Sewer, Pond Maint.
SUBTOTAL:
Grading Only Escrow Credit
TOTALS:
BUDGET
COST NOTE
$1,500 b
$1,500 b
$1,000 a
3% of const. b
$1,000 b
$5,000 b
$15,000 b
$0 b
$12,500 b
$2500 /unit d
$0.30 /SF b
90 /unit b
$465 /tree b
95 /unit b
$2,500 a
$265
$500 a
b
ECURITY AMOUNTS TO BE POSTED
= DEVELOPMENT IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT)
= CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT)
= CITY FEES X 1.0 (CASH ESCROW)
)TE: 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
NUMBER OF REU's:
31
ASSESSED AREA (ac.): 10.9
5 -15 -2013
DEVELOPER CITY ESCROW
IMP. (X) AMOUNT (Y) AMOUNT (Z)
$0 $0
$0
$0
Att. B
$0
$0
$115,043
Att. A
$1,687,000
$81,400
$0
$1,500
$1,500
$1,000
$40,700
$1,000
$5,000
$15,000
$0
$12,500
$77,500
($77,500)
$17,238
$2,790
$17,205
$0
$10,000
$1,060
$2,000
$1,000
$129,493
$14,450
$115,043
Total
$1,687,000
$81,400
$115,043