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Home My WebLink About2013-122 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 13 -122 RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR ALINO ADDITION WHEREAS, the City Council approved the Final Plat for Alino Addition on December 9, 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 by The City Council of The City of Lino Lakes hereby approves the Development Contract between Richard and Patricia Schreier, ALino LLC and the City of Lino Lakes. for Alino Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 9thday of Dec , 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member Raf fPrty and was duly seconded by Council Member Stoesz and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Stoesz, Roeser, O'Donnell, Reinert The following voted against same: none ATTEST: u anne Bartell, Ci Cler • DEVELOPMENT CONTRACT AIno Addition THIS AGREEMENT made this day of December, 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 Richard J. Schreier, a single person whose address is 2125 Desoto Street, Maplewood, MN 55117, and ALino LLC, a Minnesota limited liability corporation whose address is 95 South Owasso Boulevard West, Little Canada, MN 55117 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 Alino Addition hereinafter called "Subdivision," as shown in Attachment A and is legally described as follows: That part of the Northeast Quarter of the Northwest Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota lying westerly and northerly of ANOKA COUNTY HIGHWAY RIGHT -OF -WAY PLAT NO. 75, according to the recorded plat thereof, Anoka County, Minnesota. WHEREAS, the Developer is to be responsible for the installation and financing of certain public and improvements within the Subdivision; and WHEREAS, said public improvements include grading, drainage, sanitary sewer, water, storm sewer, and driveway (the "Improvements"); and WHEREAS, the Developer and the City have entered into a Petition and Waiver Agreement dated September 24, 2013 for the installation and financing of 21St Avenue from Main Street to their northerly property line; and WHEREAS, the City Subdivision Ordinance and Minnesota Statutes section 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, Alino Addition Development Contract December, 2013 IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DEVELOPER IMPROVEMENTS A. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. B. The Developer shall dedicate to the City at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the 21st Avenue 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. C. 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. II. CITY IMPROVEMENTS A. There are no Developer installed City Improvements for this project. The Developer has entered into a Petition and Waiver Agreement with the City for the installation of utility and street improvements associated with the extension of 21st Avenue from Main Street north to the northerly property of the plat. III. 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 Development Contract shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon completion of Developer's private improvements, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. IV. 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 review of the Subdivision including, but not limited to, the following (See Attachment C for breakdown of costs): page 2 • Alino Addition Development Contract December, 2013 A. Plat Review Fee B. Planner Review Fee C. Administration - 3% Construction Cost D. Engineering E. Legal F. Publications G. Park Dedication Fee H. Street - Storm Sewer - Pond Maintenance I. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional reasonable 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. The City will first draw on the existing Escrow filed as a requirement of the application for approval of the preliminary plat for the Subdivision. V. 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 B. Trunk Sewer Unit Charges will be collected with the Site Performance Agreement for Lot 1 Block 1 of Alino Addition. 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 B. page 3 Alino Addition Development Contract December. 2013 Trunk Water Unit Charges will be collected with the Site Performance Agreement for Lot 1 Block 1 of Alino Addition. 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 B. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon site plan approval and execution of a Site Perfoiniance Agreement for Lot 1 Block 1 of Alino Addition. VII. 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. VIII. 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. IX. GENERAL A. Binding Effect A. 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, unless released pursuant to Article IV. B. Notices A. 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 page 4 Alino Addition Development Contract December, 2013 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: A. A Declaration of Access Control for future right in/right out access along 21St Avenue shall be drafted by the City and executed by the City and owner. B. Any future easements required for drainage or utilities shall be dedicated by the owner. C. Site Plan Review for development of Lot 1, Block 1 will require additional agreements and permits such as but not limited to: Site Improvements Perfoimance Agreement Grading Permit Building Permit NPDES Permit RCWD Permit D. A Reciprocal Access, Operation and Maintenance Agreement between the newly created lot and the newly created outlot must be recorded concurrently with the plat. The Developer shall provide to the City, for its approval, a copy of the agreement. Such agreement shall at a minimum provide for; 1) ingress and egress across properties; 2) a proof of parking provision; 3) maintenance of private improvements (i.e., sanitary sewer, water main, snow removal, landscaping); 4) Provisions for maintaining surface water management features including infiltration areas in accordance with RCWD and City requirements. X. 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. XI. PARK DEDICATION A. The Park dedication fee for this site is calculated as follows: 4.96 acres x $2,175 = $1 0,788.00 page 5 Alino Addition Development Contract December, 2013 XII. 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. RICHARD J. SCHREIER CITY OF LINO LAKES By By Mayor PATRICIA N. SCHREIER By ALINO LLC ATTEST: By By Clerk page 6 • • • Alino Addition Development Contract December, 2013 STATE OF MINNESOTA ) ss COUNTY OF ANOKA ) 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 , 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 STATE OF MINNESOTA ) ) ss COUNTY OF ANOKA ) On this day of , 20_, before me, a Notary Public within and for said County, personally appeared Richard J. Schreier and Patricia N. Schreier, and that they executed the foregoing instrument. Notary Public This instrument drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 550014 page 7 • • • ATTACHMENT A ALINO ADDITION KNOW ALL PERSONS BY THESE PRE55913: That Richard 1. Schreier and Patricia N. Schreier, husband and wife, fee owners, and AUno MC, a Minnesota limited liability company, contract purchaser, of the following described property: That part of the Northeast Quarter of the Northwest Quarter of Section 24, Township 31, Range 22, Anoka County, Minnesota lying westerly and northerly of ANOKA COUNTY HIGHWAY RIGHT -OF -WAY PLAT NO. 75, according to the recorded plat thereof, Anoka County, Minnesota. Have caused the same to be surveyed and platted as ALINO ADDITION and do hereby dedicate to the public for public use the public way and drainage and utility easements as shown on this plat. Also dedicating to the County of Anoka the right of access onto County State Aid Highway No.14 as shown on this plat. In witness whereof said Richard 1. Schreier and Patricia N. Schreier, husband and wife. have hereunto set their hand this _ day of 20 . Richard 1. Schreier Patricia N. Schreier STATE OF MINNESOTA COUNTY OF This Instrument was acknowledged before me this Schreier, husband and wife. Notary Public, County, Minnesota My commission expires: day of 20 by Richard 1. Schreier and aatdcia N. In witness whereof said AUno LLC, a Minnesota limited liability company, has caused these presents to be signed by It proper officer this day of 20 . Signed: AL no, LLC STATE OF MINNESOTA COUNTY OF , Chief Manager City of Lino Lakes County of Anoka Sec. 24, Twp. 31, Rng. 22 !Clean Dusheck do hereby certify that this plat was prepared by me or under my direct supervision; that lam a duly licensed Land Surveyor in the State 01 Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on 000 plat; that all monuments depicted on this plat have been, or will be correctly set within one year-, that all water boundaries and wet lands, as defined In Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated th0 day of 20 . Dean Dusheck, licensed Land Surveyor Minnesota license No. 10079 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me on by Dean Dusheck. Notary Public, County, Minnesota My Commission expires: CITY COUNCIL CITY OF LINO LAKES This plat of MIND ADDITION was approved and accepted by the City Council of the City of Lino takes, Minnesota at a regular meeting thereof held this _ day of 20 and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By COUNTY SURVEYOR ,Mayor By ,Clerk I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Sbd. 11, this plat has been reviewed and approved this day of 20 . latry 0. Holum Thi< In<lmmcnt wa< arknnvriedgad bafnre mo MI<_ day of 2n 0y Chlaf Anoka County Surveyor Manager of Atino ltd, a Minnesota Ilmfted 11310lty company. Notary Public, County, Minnesota My commission expires: Consulting Group, Inc. SHEET 1 OF 2 SHEETS ATTACHMENT A ALINO ADDITION City of Lino Lakes Counl-y of Anoka Sec. 24, Twp. 31, Rng. 22 i :13, T. . 2'2 51 0050R i i 1 0. 31: ;TY174° ,.°.2,16" ,,$,,,rh N 385727 E 1142.22 175.46 m -14-7ii--- 742.19 1 4, t4 , ,..\,.. , , ‘ ' ' 'P• P ;, .-; T 1 g 401 44 006101000 6 UTILITY EASEMENT LOT 1 C., c.-- ,-., v• DRAINAGE ‘„) 6 UTILITY EASEMENT DRAINAGE . • 1 6 UTILITY EASEMENT - DRAINAGE .6 ' ./.-...4'..N, '1,1: UT11:4;t''''S ',$ EASEMENV,, "," ' / „----, NORTH LINE Or THE NEI/4 OF THE 1001/4 DE SEC. 24. 1.33.0.22 ... (;°'71 40 ■ti.! I I '_ i *.. ./ ! .::). • .. . .' / - ‘ / ¢ ..., .• • z$,t 74 I j .1( ow5,niiii. . r.; i; ... , .te., .t) ' .''' c,....f,/ <A:A% 88'50'37 W 1 1---,,,, ..:::::::.:i ,.,, DRAINAE * ' ,,,, e'Re' / til t 6 UT ILII Y ....) ' l•-■ / 7.1 C.:'•:.... ...)* ''''.. 4'',O'V'''' / - T O7 t i:./ scale In f.et I INCH = 100 FEET FOR THE PURPOSES OF THIS PLAT. TIE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 31,801100 22 IS ASSUMED TO HAVE A BEARING OF NORTH BB DEGREES 57 MINUTES 27 SECONDS EAST. , oncNIOISENI2NfoN.1:61419 14 INCH IRON PIPE MARKED DENOTES ANOKA COUNTY CAST IRON • MONUMENT, UNLESS SHOWN OTHERWISE • DENOTES ANOKA COUNTY RIGHT OF WAY MOIANAENT FOUND. UNLESS SHOWN OTHERWISE —A— DENOTES RIGHT OF ACCESS DEDICATED TO ANOKA COUNTY --- DENOTES RIGHT OF ACCESS DEDICATED TO ANOKA COUNTY IN ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT 80. 15 —8-- DENOTES WETLAND BOUNDARY WETLAND DELINEATION WAS FIELD LOCATED ON APRIL 17. 2012 MID HAS BEEN APPROVED BY RICE CREEK WATERSHED DISTRICT III d 1 Consulting Group, Inc. • k8 '. '' Fi .- 60 `,....- ..... ' \ - 5 69 5E25. V 340.00 OUTLOT A I---, ' ,A, 43500 I— ' ," ..i 5 / .. • ... (PK NAIL, 4. Z" 9 N 511456' W , t5 1Z8 '''l .7; 0 .g- / 3.,1 -*Fr 2 Crs :^ / i'..-i vat ,-, ,... .-.: g 4. / 6./ 4.,, ,..z. / P-, 0 Ac- .L / k- ki ...4. / 0 1..1 Of. ;,.. / l-•-, `-`' ..T. / ..,,.— II,. 1 .ir. :-.. / ..5 ilig -1- / ,, / / N (warm. W g 95.59 f 00-1.., 9--,, T6.11 .,_,. A_ W57414 tY-481i" P _ _J 6/, ExcEp ION , tarmrd Ig.1.4.-4,G,.. A, 1 SOUTH LINE OF THE NEI/4 OF THE NWI/4 OF 5E0. 24. T. 31. R. 22 li_L___ R .1:r : C.:: .A.i-!. NO. 1.4: RICHT OF WAY PLAT NO.15 ____. ANOKA P.TGun- OF itipt,::-I.RtAL. pAft, 1 ,OUNTY HIGHWAY WV: PLA-f Ni?. S7 1 1 .,.:1..E.ARWATE51 CREEK quM INE:5.5: '.:ENTE:R. SHEET 2 OF 2 SHEETS • ATTACHMENT B SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Alino Addition APPLICANT: Alino, LLC ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 5 STREETS A. Turn Lanes B. On Site Parking Lot B. Pedestrian Trail 6 STORM SEWER CONST. A. Trunk B. Lateral C. Surface Water Mgmt. 7 SANITARY SEWER CONST. A. Trunk Unit Charge (REU) S B. Lateral C. Trunk Credit 8 WATERMAIN CONST. A. Trunk Unit Charge (REU) B. Lateral C. Trunk Credit BUDGET COST Estimate Estimate Estimate Estimate Estimate Estimate Estimate NOTE e e e e e e e Estimate e Estimate e $0.112/sf a $2,911 /unit Estimate Estimate $3,854 /unit Estimate Estimate TOTALS: See Attachment C for security amounts to be posted NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study • a e e a e e NUMBER OF REU's: ASSESSED AREA (ac.): PRIVATE IMP. (W) $0 So So $0 $0 $0 $0 $0 3 -7 -2013 1 4.96 PUBLIC FEE IMP. (X) AMOUNT (Z) $0 $0 $0 $24,198 $0 $0 $24,198 DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME Alino Addition APPLICANT: ALINO, LLC ATTACHMENT C CITY FEES NUMBER OF REU's ASSESSED AREA (ac.): 4.96 3 -7 -2013 BUDGET PRIVATE PUBLIC ESCROW FES ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (W) IMP. (X) AMOUNT (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $1,500 b $1,500 B. Planner Review Fee $1,500 b $1,500 2 ADMINISTRATION A. Legal $1,000 a $1,000 B. Administration Fee 3% of const. b $0 C. Publications $1,000 b $1,000 3 ENGINEERING A. Plan /Plat/Grading Review $5,000 b $5,000 B. Construction Services $15,000 b $0 C. Construction Staking $0 b $0 D. City Engineering $2,500 b $2,500 4 DEVELOPMENT FEES A. Park Dedication Fee $2175 /acre d $10,788 B. Park Dedication Credit C. Sealcoating Fee $0.28/SF b $0 D. Aerial Photo Fee 90 /unit b $90 5 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 $0 SUBTOTAL: $0 $0 $12,500 $10,878 Grading Only Escrow Credit $0 $0 TOTALS: $12,500 $10,878 SECURITY AMOUNTS TO BE POSTED Att. B Att. C Total W = PRIVATE IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $0 $0 $0 X = PUBLIC IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $0 $0 $0 Y = CITY ESCROW COSTS X 1.0 (CASH ESCROW) $0 $12,500 $12,500 Z = CITY FEES X 1.0 (CASH FEE) $24,198 $10,878 $35,076 NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study •