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HomeMy WebLinkAbout2007-083 Council Resolution• Council Membero'Donnellntroduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-83 RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR SITE GRADING ONLY, THE PRESERVE. WHEREAS, the City Council issued a preliminary plat approval for The Preserve on August 28, 2006, and WHEREAS, the Developer, Integra Homes is requesting approval to commence grading work of such development to be known as The Preserve; 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 (Site Grading Only) with Integra Homes for The Preserve and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. • Juliann - Bartell, C. Clerk Adopted by the Lino Lakes City Council this 23rd day of July, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Reinert and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Reinert, Bergeson The following voted against same: Carlson (Absent - Stoltz) Whereupon said resolution was declared duly passed and adopted. AGENDA ITEM 6C STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 23, 2007 TOPIC: Resolution No. 07 — 83, Approving Development Contract (Site Grading Only), The Preserve Vote Required: Simple Majority BACKGROUND: The City Council authorized a preliminary plat on August 28, 2006 to provide for a proposed development titled The Preserve. The Developer, Intergra Home is now requesting approval to begin grading work. The Preserve provides for the construction of 31 residential units on a 52.56 acre parcel of property located south of Birch Park on Pheasant Run South and Killdeer Drive. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Contract for Site Grading Only. The contract provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $233,000 representing 150 percent of the development improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $36,278 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 adoption of Resolution Number 07 — 83, Approving Development Contract (Site Grading Only), The Preserve • • • DEVELOPMENT CONTRACT (Site Grading Only) The Preserve THIS AGREEMENT made this 23rd day of July, 2007, 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 Integra Homes whose address is 12721 Overlook Road, Dayton, Minnesota, 55307 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 Preserve hereinafter called "Subdivision ", said land is legally described to -wit The Southwest Quarter of the Southeast Quarter and that part of the West Half of the Southeast Quarter of the Southeast Quarter all in 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 Development Contract — Site Grading Only The Preserve July 23, 2007 activities, and 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 North 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 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, except that part thereof taken for road purposes. 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 has requested approval to commence with site grading 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 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'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan. 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, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Conservation Development Restoration and Management page 2 -133- • Development Contract — Site Grading Only The Preserve July 23, 2007 a) "The Preserve Conservation Development Restoration and Management Plan for Conservation Areas" dated August 10, 2006, is included in this city council approval of the project. This includes the tasks and cost schedule in attachment C, (Revised August 10, 2006 for 11.9 acre restoration area) ". b) The following tasks must be completed prior to grading or logging of the site: Cutting/Removal/Herbicide Treatments (Year 1); and Oak Woodland Native Plant Salvaging and Transplanting (Into 2.0 Acres of Woodland); and installation of conservation fence. The developer must demonstrate these tasks are completed prior to grading or logging the site. 2. Grading Plan a) A final site grading plan, including certified wetland delineation, 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. 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 Rice Creek Watershed District. The Developer shall perform the work in accordance with a Stormwater Pollution Prevention Plan 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. 3. 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. The erosion control plan shall also be subject to the approval of any other governmental agency having jurisdiction. • b) The Developer shall submit a Turf Establishment Plan which details topsoil placement, seeding, sodding, mulching, fertilizing and page 3 -134- • • • Development Contract — Site Grading Only The Preserve July 23, 2007 watering. Said plan shall be approved by the City prior to the commencement of site grading or construction. 4. Tree Preservation Plan a) The Developer shall provide a tree preservation plan prior to any site grading and include a delineated preservation area, subject to the approval of the City prior to any work activity on the site. The tree preservation plan shall also be completed in accordance with the City Tree Preservation Policy, and shall be covered within a legal covenant for each property. The Developer shall provide a cash escrow as security, in the amount specified in Attachment B, to insure implementation of the Tree Preservation Plan. Site activities shall not commence until review of the plan and site has been completed and approved by the City Engineer, City Forester, and any other governing agency with jurisdiction as required. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. 5. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1, II.A.2, and II.A.3 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 as applicable. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. page 4 -135- Development Contract — Site Grading Only The Preserve July 23, 2007 f) 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 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. h) All disturbed areas shall be seeded using City seed specifications or sodded as designated per the plans. i) The street right -of -way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. g) j) Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) All remaining grading must be completed prior to issuance of building permits. 1) Protect streets 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. m) The developer's engineer shall certify, in writing with an as-built survey, that all grading complies with the grading plan prior to issuance of building permits. n) A legal covenant shall be included within the homeowner's association documents prohibiting the use of phosphorus on lawns. o) The developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvements as proposed. 6. 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. page 5 - 1 3 6 - • • • Development Contract — Site Grading Only The Preserve July 23, 2007 7. The Developer agrees to maintain, at all times before acceptance of the streets by the City, an access road suitable for use by emergency, police and fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from any structure built within the Subdivision. 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, storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris, until all Certificates of Occupancy are issued. 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. 9. Other Construction a) In the event that damage to the streets or other City infrastructure result from said improvement work, the Developer shall be responsible for effecting said repairs, or the City shall withhold escrows or deposits as the City deems appropriate and necessary. b) The Developer shall provide a financial security or cash escrow in an amount of $40,000 to assure completion of the grading and restoration, in the event that the work is not completed by the Developer. c) No burning of vegetation cleared during construction shall be allowed. 10. The project shall not be final platted until 2007 to comply with growth management policy. 11. All homeowners association declarations, covenants, and property and legal requirements as required in this Agreement shall be submitted to the City Attorney for review as required by the City's final plat requirements. In addition, an additional contract agreement shall be agreed upon between the City and developer that provides for the subsequent construction, ownership and maintenance of City owned utilities (sanitary sewer and water) and the access street that will be privately owned and maintained. page 6 - 1 3 7 - Development Contract — Site Grading Only The Preserve July 23, 2007 12. Cost of Developer's Improvements, description and completion dates 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 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's and City's Improvements as determined by the City. d) All Construction debris and trash shall be properly disposed of at the developers expense and in a timely manner as determined by the City. 14. The Developer shall be required to obtain all necessary permits and approvals from all governmental agencies as required, including necessary right -of -way, temporary easements, or permanent easements for the construction. 15. The Developer shall make an application to FEMA for a Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) to revised the existing Flood Plain maps consistent with the proposed grading plan. 16. 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's 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 page 7 - 1 3 8 - • • • Development Contract — Site Grading Only The Preserve July 23, 2007 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 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's Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. III. CITY'S IMPROVEMENTS A. No City improvements are proposed under the grading 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. page 8 - 1 3 9 - Development Contract — Site Grading Only The Preserve July 23, 2007 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 plat 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 6. Publications 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. 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. 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 the issuance of building permits. B. The Developer shall submit an as-built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. C. Model Homes The City agrees that one structure per ten (10) acres (1 home) can be installed as model homes upon approval of the Development Contract (Site Grading Only). The right to obtain such building permits shall be contingent upon the following: 1. Execution of this development contract, providing a Letter of Credit in the amount of $100,000.00 and an escrow amount of $10,000.00. 2. Construction shall be limited to maintain a minimum distance of 150' from the furthest exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and maintain such access in order to meet said requirements. page 9 - 1 4 0 - • • • Development Contract — Site Grading Only The Preserve July 23, 2007 3. Prior to release of the building permits for one structure per ten (10) acres (1 home), the builder shall enter into a separate agreement with the City which would not allow the building to be occupied after issuance of certificate of occupancy by anyone other than the builder for exhibiting the home for model purposes nor would they convey the property to any other third parties by any means until all of the public and private utilities have been installed to serve the building and accepted by the City. This includes all other requirements provided in this agreement D. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. E. 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 set out by City Council as follows: Monday through Friday 8:00 a.m. to 4:30 p.m. Saturday 9:00 a.m. to 4:30 p.m. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the grading work required by this contract and acceptance by the City, the site improvements shall remain privately owned and maintained. The City of Lino Lakes, in the interest of public safety and welfare shall reserve the right to enter and maintain drainage facilities within the designated drainage and utility easements. An additional development contract shall be prepared agreed between the City and developer that will address subsequent site improvements after site grading is completed. Subsequent improvements shall include but not be limited to streets and utilities. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private 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 page 10 - 141 - • • • Development Contract — Site Grading Only The Preserve July 23, 2007 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 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. page 11 -142- • • Development Contract — Site Grading Only The Preserve July 23, 2007 B. Conditions 1. 1. A Stormwater Pollution Prevention Plan (SWPPP) in accordance with Minnesota Pollution Control Agency (MPCA). The SWPPP must contain the name and a 24 -hour telephone number of the responsible manager of the SWPPP. All references to MNDOT seed mix must be changed to the City native seed mix. 2. Silt fence must be added around the excavation for safety reasons. 3. Properly fence and barricade entrances to prevent the general public from depositing garbage or refuse. 4. Must provide a tree preservation plan or limit excavation of material to a minimum of 50 feet from any trees. 5. All material hauling activity must use the designated haul route shown on Exhibit C. The haul route will cross the LaMotte property to the City owned Birch Park. From Birch Park the haul route will enter city streets to access The Preserve using two routes; 1) Enter Pheasant Run South on the north side of Birch Park and continue on Pheasant Run South to the east side of the The Preserve; 2) Enter Pheasant Run South on the North Side of Birch Park to Aspen Lane and then South on Killdeer Drive to the west side of The Preserve. 6. All areas and City Streets where hauling activity occurs will be video taped previous to excavation commencing at the site. The applicant will be responsible for repairing any damage to City streets or park caused by the hauling activity. 7. Previous to any activity on the site the applicant will be required to hold a neighborhood meeting to notify affected property owners along the haul route and within one - quarter of a mile of the site. 8. Maximum slope on any excavation shall be a 1 to 1 and in such condition as not to be dangerous because of sliding or caving side slopes. 9. Only topsoil will be allowed to be brought into the site. 10. A rock trench entrance shall be installed and maintained at all times. 11. Dust and wind erosion must be confined to the site and be controlled by • watering the driveway as necessary. 12. Street sweeping shall occur as necessary. page 12 -143- • • Development Contract — Site Grading Only The Preserve July 23, 2007 13. All construction activity shall be limited to the hours set as follows: Monday through Friday 8:00 a.m. to 4:30 p.m. Saturday 9:00 a.m. to 4:30 p.m Sunday and Holidays No working hours allowed 14. Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been issued are being complied with. 15. Post a form of security to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. 16. Permits from the Rice Creek Watershed District must be submitted to the City prior to any activity. All activities on the site must comply with the Rice Creek Watershed District requirements. 17. All excavation, erosion and sedimentation control, final site grading, and restoration shall be completed by November 1, 2007. 18. The City will monitor traffic and hauling activities and have any necessary adjustments made at the contractor's expense. 19. Trucks will be limited to a maximum speed of 20 mph on City Streets. 20. Wood chips will be placed on the haul route in the turf areas of Birch Park. 21. Any damaged irrigation will be replaced at the developer's expense. 22. Snow fence will be installed along both sides of the haul route through Birch Park. 23. The haul route through Birch Park will have the topsoil replaced and hydro • seeded at the developer's expense. page 13 -144- Development Contract — Site Grading Only The Preserve July 23, 2007 24. The stockpile area will be limited to a maximum of 25 feet high. 25. Areas that will not be worked on within 48 hours are required to be hydro - seeded. This review is based on the following plans and information: 1. Site Plan, Received May 31, 2007 2. Memo, Dated April 23, 2007 C. Final Plat Approval 1. 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: 2. Some lots will have restricted back yards due to easements or other features of the development plat. The developer, builders, and future property owners should be aware of this. House structures shall only be built within the building pads on the approved plans. 3. Some lot lines, easements, and other features will require adjustments prior to city council review of the project. 4. Streets shall be 28' face of curb to face of curb and parking shall be prohibited on one side of the street. 5. Park dedication shall be cash with credit for construction of trails. 6. The trail corridor shall be dedicated as "park" on the final plat, not created as a separate trail easement. 7. "The Preserve Conservation Development Restoration and Management Plan for Conservation Areas" dated August 10, 2006, is included in this city council approval of the project. This includes the tasks and cost schedule in Attachment C, (Revised August 10, 2006 for 11.9 acre restoration area) ". 8. The following tasks must be completed prior to grading or logging of the site: Cutting/Removal /Herbicide Treatments (Year 1); and Oak Woodland Native Plant Salvaging and Transplanting (Into 2.0 Acres of Woodland); and installation of conservation fence. The developer must demonstrate these tasks are completed prior to grading or logging the site. page 14 - 1 4 5 - • Development Contract— Site Grading Only The Preserve July 23, 2007 9. A permanent conservation easement shown on the plans shall be dedicated to the City. The easement document shall describe the restoration and management plan and its funding and implementation. The easement document shall be reviewed by the City prior to dedication of the easement and prior to final plat approval. 10. A homeowners association shall be created. Association documents shall describe the restoration and management plan, its funding, and its implementation. The association shall be responsible for and shall maintain a stewardship fund to implement the restoration and management plan for the open space areas defined by the conservation easement. The stewardship activity shall be in accordance with the conservation easement and the approved restoration and management plan. Association documents shall be reviewed by the City prior to final plat approval. 11. The homeowners association shall be responsible for maintenance of the rain gardens. This requirement shall be included in the easement covenants and restrictions document. and this shall be included in the association documents. 12. The developer shall install signs along the conservation easement edge at side lot lines and other locations as determined by the City. Lot owners shall not remove, alter, or damage these signs and shall be responsible for any damage caused by owners, family, or guests. The homeowners association shall be responsible for maintaining, repairing and, if necessary, replacing the easement signs. This requirement shall be included in the easement covenants and restrictions document. 13. A temporary cul de sac must be constructed on the west end of the extended Pheasant Run. 14. The project must obtain applicable approvals and permits from the Rice Creek Watershed District prior to site work beginning and must comply with all conditions thereof. 15. The City Engineer's review comments in the memos of July 25 and 27, and August 22, 2006 and previous review memos must be addressed to his satisfaction. 16. The preliminary plat is the primary plan sheet for lot configuration. • Grading and other plans shall be brought into conformance with the lot page 15 - 146 - • Development Contract — Site Grading Only The Preserve July 23, 2007 dimensions on the preliminary plat and resubmitted for City review prior to site work beginning. 17. Review and approval of the project are based on the following plans: Existing Features, 4/10/06, received July 14, 2006 Preliminary Plat, revised 8/13/06, received Aug 15, 2006 Preliminary Plat Inset A, revised 8/13/06, received Aug 15, 2006 Grading & Erosion Control Plan, revised 7/12/06, received July 14, 2006 Utility Plan & Profiles, received July 14, 2006 Mitigation Plan, revised 5/22/06, received July 14, 2006 Tree Preservation Plan, revised 4/10/06, received July 14, 2006 18. Approval of this resolution is contingent upon the rezoning Ordinance 08 -06 being in effect. 19. Outlot A shall be deeded to the City for the public purpose of a new well site. XIII. 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. XIV. 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 16 - 1 4 7 - • • Development Contract — Site Grading Only The Preserve July 23, 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 17 - 1 4 8 - • ATTACHMENT A - GRADING ONLY SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: The Preserve APPLICANT: Integra Homes ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING 2 EROSION CONTROL 3 SITE ENGINEERING & SURVEYING 4 LANDSCAPING 5 STREET CONST. A. Subgrade /Base Course B. Wear Course 6 STORM SEWER CONST. A. Trunk B. Lateral C. Surface Water Mgmt. Charge (s.f.) 7 SANITARY SEWER CONST. • A. Trunk Area Charge (ac.) B. Trunk Credit C. Trunk Unit Charge (REU) D. Lateral 8 WATERMAIN CONST. A. Trunk Area Charge (ac.) B. Trunk Credit B. Trunk Unit Charge (REU) C. Lateral TOTALS: BUDGET COST Estimate Estimate Estimate Estimate NOTE e e e e Estimate e Estimate e Estimate e Estimate e a a Estimate e a a Estimate e 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 NUMBER OF REU's: 31 ASSESSED AREA (ac.): 17.57 7 -23 -2007 DEVELOPER CITY ESCROW IMP. (X) IMP. (Y) AMOUNT (Z) $142,187 $7,670 $5,000 $154,857 $0 $0 ATTACHMENT B - GRADING ONLY CITY FEES •DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: The Preserve APPLICANT: Integra Homes NUMBER OF REU's: 31 ASSESSED AREA (ac.): 17.57 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING /REVIEW A. Plat Review Fee $3,000 b $3,000 B. Planner Review Fee $2,850 b $2,850 2 ADMINISTRATION A. Legal $1,000 a $1,000 B. Administration Fee 3% of const. b $4,650 C. Publications $1,000 b $1,000 3 ENGINEERING A. Plan /Plat/Grading Review $10,000 b $10,000 C. Construction Services $10,000 b $10,000 D. Construction Staking $0 b $0 E. City Engineering $7,500 b $7,500 4 DEVELOPMENT FEES A. Park Dedication Fee $2075 /unit d B. Sealcoating Fee $0.27/SF b C. Aerial Photo Fee 90 /unit b 5 BOULEVARD TREE PLANTING $465 /tree b 6 DEVLOPMENT SECURITIES A. Tree Preservation 95 /unit b B. Street Lighting - installation $2,500 a C. Street Lighting - operation $265 D. Traffic Signing $3,000 a E. Street, Storm Sewer, Pond Maint. b F. Other - Property Tax, FEMA SUBTOTAL: $40,000 Escrow Credit $3,722 TOTALS: $0 $0 $36,278 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $154,857 $0 $233,000 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT, $0 $0 $0 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $36,278 $36,278 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 f: Estimate by Feasibility Study - 150 - 7 -23 -2007 • • • Attachment C — July 9, 2007