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HomeMy WebLinkAbout2007-039 Council Resolution• Council Member Stoltz introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07 -39 RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, PINE GLEN SECOND ADDITION WHEREAS, the City Council approved the preliminary plat of Pine Glen on November 28, 2005, a Pine Glen Addition grading only development agreement on March 13, 2006, and a Pine Glen First Addition development agreement on May 22, 2006, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with 23, LLC, for Pine Glen Second Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the city. ne Bartell, i ity Ierk Adopted by the Lino Lakes City Council this 12th day of March, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member° Donnell- -and upon vote being taken thereon, the following voted in favor thereof: Stoltz, O'Donnell, Carlson, Reinert, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. JoYn Bergesdh, Mayor • AGENDA ITEM 1 Di 110 STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: March 12, 2007 TOPIC: Resolution No. 07 - 39, Authorizing Execution of Development Agreement, Pine Glen Second Addition • • Vote Required: Simple Majority BACKGROUND: The City Council approved the preliminary plat of Pine Glen on November 28, 2005, and authorized execution of a development agreement for the First Addition, May 22, 2006. The majority of improvements were installed with the First Addition. Pine Glen Second Addition consists of 37 units of residential development. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Agreement for the Pine Glen Second Addition. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $30,000.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $95,000.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $145,000.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site. The developer has reviewed the contract and is aware of the conditions set forth. RECOMMENDATION: Staff recommends approving Resolution Number 07 — 39, Authorizing Execution of the Development Agreement for the Pine Glen Second Addition. • DEVELOPMENT CONTRACT Pine Glen Second Addition THIS AGREEMENT made this 12th day of March2007, 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 23, LLC whose address is 1875 Station Parkway NW, Andover, Minnesota 55304 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 Pine Glen 2nd Addition hereinafter called "Subdivision ", said land is legally described to -wit As Contained in Commonwealth Land Title Insurance Co. Commitment File No. 7022063 That part of Lots 5 and 6, Auditor's Subdivision No. 100 Anoka County, Minnesota, lying Southerly of the following described line: Commencing at the most Northerly corner of said Lot 5, thence Southerly on the East line of said Lot 5, 88.62 feet, to the point of beginning, thence Westerly, at right angles 45.34 feet, more or less to the Northwesterly line of said Lot 5 (being the Southeasterly Right of Way line of Highway 8) and there terminating, and also lying Northerly of a line drawn from the Southeast corner said Lot 6, at an angle of 64 degrees, 19 minutes, 30 seconds, measured from North to West, to the Westerly line of said Lot 6, and there terminating. Excepting therefrom, and all above, all part lying within plat of Anoka County Highway Right of Way Plat no. 17, Anoka County, Minnesota AND That part of the South Half of the Northwest Quarter of the Northwest Quarter of Section 9 Township 31, Range 22, Anoka County, Minnesota, lying Easterly and Southerly of the North 135 feet of the West 328.50 feet and Easterly of the Easterly line of Anoka County Highway Right -Of -Way Plat No. 17, according to the U.S. Government Survey, Anoka County, Minnesota. • The South Half of the Northeast Quarter of the Northwest Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota. • • Pine Glen — Phase II Development Contract March 12, 2007 The South Half of the Northwest Quarter of the Northeast Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota. The South Half of the Northeast Quarter of the Northeast Quarter of Section 9, Township 31, Range 22, Anoka County, Minnesota, Except the Easterly 730.00 feet thereof. WHEREAS, the Developer is to be responsible for the installation and fmancing of certain private improvements within the Subdivision; and WHEREAS, said private improvements include grading, drainage, sanitary sewer, water, and driveway improvements; and WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided 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 IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The plans shall be approved by the City of Lino Lakes. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer Improvements shall require City inspection and approval and, where appropriate, and the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense, the following improvements according to the following terms and conditions: page 2 • • • Pine Glen — Phase II Development Contract March 12, 2007 1. Grading and Erosion Control Construction & Maintenance a) 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. b) 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. c) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. d) All disturbed areas shall be sodded or seeded, as designated per the approved plans, immediately upon completion of grading . e) 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. f) No soils shall be imported or exported without City approval. g) All site grading shall be performed in accordance with the requirements of the Rice Creek Watershed District. h) Existing wells and on -site septic systems shall be properly abandoned. 2. Final access drive and driveway grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter shall be furnished and installed. 3. 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 page 3 Pine Glen — Phase II Development Contract March 12, 2007 • finished ground elevation in accordance with the approved grading plan - • • guard stakes shall be appropriately installed to mark these irons. 4. 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. 5. 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. 6. 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. 7. Cost of Developer Improvements and description are as shown on Attachment A. 8. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain fmal plat approval and record the fmal plat which will dedicate all permanent easements necessary for the page 4 • • Pine Glen — Phase II Development Contract March 12, 2007 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. 9. 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. 10. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) 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 Improvements. 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 unless thirty (30) days prior to such the City Clerk page 5 Pine Glen — Phase II Development Contract March 12, 2007 • or Administrator is notified in writing by certified mail that the • • Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS A. There are no new City Improvements for this project. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the 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 a) Administration 5. Legal - Plat Review page 6 • • Pine Glen — Phase II Development Contract March 12, 2007 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Boulevard Tree Planting 10. Street - Storm Sewer - Pond Maintenance 11. Sealcoating Fund 12. 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. 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 Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. C. 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. D. Each lot must have a City approved Certificate of Grading showing the as-built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. 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 VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the utility and driveway improvements lying within the page 7 • • Pine Glen — Phase II Development Contract March 12, 2007 public easements shall become the property of the Developer, Property Owners, or their heirs and assigns, and shall include all maintenance and operation of all improvements for perpetuity. However, the City of Lino Lakes, in the interest of public health and safety, shall reserves the right to enter said property and maintain facilities upon reasonable notice. Any costs incurred by the City of Lino Lakes to repair and maintain any private facilities shall be billed directly to the property owners. IX. 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. X. 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. XI. 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. XII. 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 page 8 Pine Glen — Phase II Development Contract March 12, 2007 • 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. XIII. 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. XIV. PARK DEDICATION A. Park dedication in an amount of $76,775.00 shall be paid by the Developer to the City. XV. 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 9 Pine Glen — Phase II Development Contract March 12, 2007 • DEVELOPER CITY OF LINO LAKES • • By Developer STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA By Mayor 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 10 • ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Pine Glen - Phase II APPLICANT: 23, LLC NUMBER OF REU's: 37 ASSESSED AREA (ac.): 18.1 3 -12 -07 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $0 2 EROSION CONTROL Estimate e $0 3 SITE ENGINEERING & SURVEYING Estimate e $5,000 4 LANDSCAPING Estimate e $0 5 STREET CONST. A. Subgrade /Base Course Estimate e $0 B. Wear Course Estimate e $5,000 C. Turn Lane Estimate e $10,000 6 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e C. Surface Water Mgmt. (Residential) $0.063 a $49,671 7 SANITARY SEWER CONST. A. Trunk Credit $0 B. Trunk Unit Charge (REU) $2,585 $95,645 C. Lateral Estimate e 411 WATERMAIN CONST. A. Trunk Credit $0 B. Trunk Unit Charge (REU) $3,415 a $126,355 C. Lateral Estimate e $0 TOTALS: $20,000 $271,671 $0 See Attachment B for security amounts to be posted NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study • DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Pine Glen - Phase 11 APPLICANT: 23, LLC ITEM 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. Prep of Plans & Specs. /Insp. Lift Station C. Construction Services D. Construction Staking E. City Engineering 4 DEVELOPMENT FEES A. Park Dedication Fee B. Sealcoating Fee C. Aerial Photo Fee 5 BOULEVARD TREE PLANTING 6 DEVLOPMENT SECURITIES A. Tree Preservation I. B. Street Lighting - installation C. Street Lighting - operation D. Traffic Signing E. Street, Storm Sewer, Pond Maint. F. FEMA SUBTOTAL: TOTALS: ATTACHMENT B CITY FEES NUMBER OF REU's: 37 ASSESSED AREA (ac.): 18.1 3 -12 -07 BUDGET DEVELOPER CITY ESCROW COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) $5,000 b $5,000 b $1,000 a 3% of const. b $1,000 b $20,000 b $27,000 b $50,000 b $0 b $28,000 b $2075 /unit d $0.30 /SF b 90 /unit b $485 /tree b 100 /unit b $2,500 a $265 $500 a b SECURITY AMOUNTS TO BE POSTED X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) ** Z = CITY FEE COSTS X 1.0 (CASH ESCROW) 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 • so so so so Att. A Att. B $30,000 $0 $95,000 $0 $0 $145,000 $2,500 $2,500 $1,000 $600 $500 $5,000 $0 $10,000 $0 $10,000 $76,775 $0 $3,330 $21,825 $3,700 $0 $0 $500 $1,770 $5,000 $145,000 $145,000 Total $30,000 $95,000 $145,000