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HomeMy WebLinkAbout2007-112 Council Resolution Council Member%0(fz introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-112 RESOLUTION AUTHORIZING EXECUTION OF A GRADING ONLY DEVELOPMENT CONTRACT, GRANDVIEW WHEREAS, the City Council approved the preliminary plat of Grandview on August 13, 2007, 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 Royal Oaks Realty, for Grandview and authorizes the Mayor and • City Clerk to execute such agreement on behalf of the city. Ca4A"__, JoA Be es , Mayor Julia ne Bartell, ity Jerk Adopted by the Lino Lakes City Council this 13th day of August, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member'R6nerE and upon vote being taken thereon, the following voted in favor thereof: S bltz,Wisner{.,Car(SOA,8erj eson The following voted against same: �tor+te �W-bserrt-() U©r►hell� Whereupon said resolution was declared duly passed and adopted. • AGENDA ITEM 6DH Is T S AFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: August 13, 2007 TOPIC: Resolution No. 07 - 112, Authorizing Execution of a Grading Only Development Contract, Grandview Vote Required: Simple Majority BACKGROUND: The developer, Royal Oaks Realty is requesting to commence grading activities for the Grandview subdivision. The Grandview subdivision consists of eight residential units, one existing and 7 non-existing on a 3.76 acre parcel of property on the East Side of the Gethsemane United Methodist Church. In accordance with the preliminary plat approval and City policy, staff has prepared a • Grading Only Development Contract for the Grandview subdivision. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of$75,000.00 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$15,000.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site. Royal Oaks Realty has reviewed the contract and is aware of the conditions set forth. RECOMMENDATION: Staff recommends approving Resolution Number 07 — 112, Authorizing Execution of a Grading Only Development Contract for Grandview. DEVELOPMENT CONTRACT (Site Grading Only) Grandview THIS AGREEMENT made this 13'' day of August, 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 Royal Oaks Realty whose address is 4196 Lexington Ave, Shoreview, Minnesota • 55126 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 Grandview hereinafter called"Subdivision", said land is legally described to-wit Tracts B and C, Registered Land Survey No. 182, Anoka County, Minnesota WHEREAS, the Developer has requested approval to commence with site grading activities, 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 NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the Development Contract— Site Grading Only Grandview August 13, 2007 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, and street and utility 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. 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. 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. The erosion control plan shall also be subject to the approval of any other governmental agency • having jurisdiction. page 2 Development Contract— Site Grading Only Grandview August 13, 2007 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. 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. 4. 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 ILA.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 page 3 Development Contract— Site Grading Only Grandview August 13, 2007 is construction progresses. The smallest practical area of land shall be exposed at any one period of time. 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. g) 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 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. 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. 5. 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 page 4 Development Contract— Site Grading Only Grandview August 13, 2007 • 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. 6. 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. 7. 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. 8. 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 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. 9. 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 5 Development Contract— Site Grading Only Grandview August 13, 2007 • 10. Cost of Developer's Improvements, description and completion dates are as shown on Attachment A. 11. 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. i12. 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. 13. The Developer shall make any necessary 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. 14. 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 6 Development Contract— Site Grading Only Grandview August 13, 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 I 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 7 Development Contract— Site Grading Only Grandview August 13, 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 rCode. The Developer may construct and maintain such access in order to meet said requirements. page 8 Development Contract—Site Grading Only Grandview August 13, 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 in City Ordinances 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 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 9 Development Contract— Site Grading Only Grandview August 13, 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 10 Record ID 1854850 ANK. CITY OF LINO LAKES CERTIFICATION RESOLUTION 07-112 STATE OF MINNESOTA) COUNTY OF ANOKA) SS 492764 . 003 CITY OF LINO LAKES) I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Resolution No. 07-112 authorizing execution of a grading only development contract for Grandview, approved by the Lino Lakes City Council on August 13, 2007, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on September 6, 2007. t d CL,____, i y C erk 600 Town Center Parkway, Lino Lakes,MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 Council Member'I-o l{z introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-112 RESOLUTION AUTHORIZING EXECUTION OF A GRADING ONLY DEVELOPMENT CONTRACT, GRANDVIEW WHEREAS, the City Council approved the preliminary plat of Grandview on August 13, 2007, 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 Royal Oaks Realty, for Grandview and authorizes the Mayor and City Clerk to execute such agreement on behalf of the city. JoA Be es , Mayor Aa ne Bartell, ity Jerk Adopted by the Lino Lakes City Council this 13th day of August, 2007. The motion for the adoption of the foregoing resolution was duly seconded by Council Member`R6nerE and upon vote being taken thereon, the following voted in favor thereof: sizitz,-Fit nerL,N-r lson,Bej eson The following voted against same: jqc, Ie (f ,,-e Tf-6'ponhe11) Whereupon said resolution was declared duly passed and adopted. DEVELOPMENT CONTRACT (Site Grading Only) Grandview THIS AGREEMENT made this 13'' day of August, 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 Royal Oaks Realty whose address is Shoreview Minnesota 55126 hereinafter referred to as the 'Developer". (06 Q G kd• F-. 5L,i rr, I SD 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 Grandview hereinafter called"Subdivision", said land is legally described to-wit Tracts B and C, Registered Land Survey No. 182, Anoka County, Minnesota WHEREAS, the Developer has requested approval to commence with site grading activities, 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 NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:that the Development Contract—Site Grading Only Grandview August 13, 2007 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". H. DEVELOPER'S IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, and street and utility 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. 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. 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. The erosion control plan shall also be subject to the approval of any other governmental agency having jurisdiction. page 2 Development Contract—Site Grading Only Grandview August 13, 2007 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. 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. 4. 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 H.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- page 3 Development Contract—Site Grading Only Grandview August 13, 2007 construction progresses. The smallest practical area of land shall be exposed at any one period of time. 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. g) 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 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. 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. 5. 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 page 4 Development Contract— Site Grading Only Grandview August 13, 2007 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. 6. 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. 7. 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. 8. 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 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. 9. 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 5 Development Contract— Site Grading Only Grandview August 13, 2007 10. Cost of Developer's Improvements, description and completion dates are as shown on Attachment A. 11. 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. 12. 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. 13. The Developer shall make any necessary 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. 14. 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 6 Development Contract— Site Grading Only Grandview August 13, 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 HOPROVEMENTS 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 7 Development Contract—Site Grading Only Grandview August 13, 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 8 • Development Contract— Site Grading Only Grandview August 13, 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 in City Ordinances as follows: Monday through Friday 7:00 a.m.to 7:00 p.m. Saturday 9:00 am.to 5:00 p.m. Sunday and Holidays No working hours allowed VIR 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 9 Development Contract— Site Grading Only Grandview August 13, 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. RERVIBURSEMENT 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 10 • Development Contract—Site Grading Only Grandview August 13, 2007 C. Final Plat Approval 1. All lots in the plat must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. 3. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 4. Park dedication must be paid in accordance with the city's fee schedule. 5. A conservation easement shall be granted over the drainage and utility easement within the lots fronting Marshan Lake. Easement restrictions shall be defined prior to city council approval of the final plat. 6. The Rice Creek Watershed District must review the project prior to building permits being issued by the city for any new construction. 7. A boulevard tree shall be provided for each lot frontage. 8. The existing roadway easement shall be vacated by the City Council prior to the approval of the final plat. M. 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 11 Development Contract—Site Grading Only - Grandview August 13, 2007 DEVELOPER CITY OF LINO LAKES By /r Deve oiler �/� d Mayor ATTEST: 4�er4 STATE OF MINNESOTA ) SS COUNTY OF ANOKA ) k On this 'r> day of . - ,200 before me,a Notary Public within and for said County, personally appeared -J;kmaer -saf (Mayor) and J"Ita. At-Oa r#e(l (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. Notary public STATE OF MINNESOTA ) DAWN L-BUGGE ) S S NOTARY PUBLIC-MINNESOTA COUNTY OF ANOKA ) ah Cammmw Exwes Jan 31.2010 QkLIIA8-61 -11 I On this day of 4 st of 2007 before me, a Notary Public within and for said County, personally appeared mar e e f E,j6erste L-,h (Developer), to me known to be the A-e-, e(i nr-, of Royal la's R-eah- rye, , 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. CAYLANI ELLEN GWIN Notary Public r Notary Pubes V W ca,.nawon F�grr a JM sa.2M r page 12 ATTACHMENT A 8-13-2007 ' SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Grandview NUMBER OF 8 (1 Exisiting, 7 REU's: Additional) APPLICANT: Mike Black ASSESSED AREA (ac.): 3.67 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT(Z) 1 SITE GRADING Estimate a $40,000 2 EROSION CONTROL Estimate b $7,000 3 SITE ENGINEERING & SURVEYING Estimate b $3,000 4 LANDSCAPING Estimate e 5 STREET CONST. Estimate e 6 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e C. Surface Water Mgmt. Charge (s.f.) $0.116 a 7 SANITARY SEWER CONST. C. Unit Charge (REU) $2,585/unit D. Lateral a 8 WATERMAIN CONST. C. Unit Charge (REU) $3,415/unit D. Lateral a TOTALS: $50,000 $0 $0 NOTE: 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 ATTACHMENT B 8-13-2007 CITY FEES - DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Grandview NUMBER 8 (1 Exisiting, 7 OF REU's: Additional) APPLICANT: Mike Black ASSESSED AREA (ac.): 3.67 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT(Z) 1 PLANNING/REVIEW A. Plat Review Fee b $1,000 B. Planner Review Fee b $1,000 2 ENGINEERING A. Plan/Plat/Grading Review b $1,500 B. Preparation of Plans&Specs. b $0 C. Construction Services b $5,000 D. Construction Staking b $0 E. City Engineering b $4,500 3 ADMINISTRATION A. Administration Fee- 3% of const. 3% of const. a $1,500 B. Legal b $250 C. Publications b $250 4 DEVELOPMENT FEES A. Park Dedication $2,075/each d $0 B. Sealcoating Fee $0.30/sf a $0 C. Aerial Photo Fee $90/unit a $0 5 BOULEVARD TREE PLANTING $465/frontage b $0 6 DEVELOPMENT SECURITIES A. Tree Preservation $95/unit b $0 B. Street Lighting - installation N/A b $0 C. Street Lighting - operation N/A b $0 D. Traffic Signing N/A b $0 E. Street, St. Swr., Pond Maint. N/A b $0 F. Other- Property Tax, FEMA N/A b $0 TOTALS: $0 $0 $15,000 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X= DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $75,000 $0 $75,000 Y= CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT, $0 $0 $0 Z= CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $15,000 $15,000 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 ANOKA COUNTY MINNESOTA Document No.: 492764.003 TORRENS I hereby certify that the within instrument was tiled in this office for record on: 09/10/2007 4:47:00 PM Fees/Taxes In the Amount of: $46.00 MAUREEN J. DEVINE Anoka County Property Tax Administrator/Recorder/Registrar of Titles JMD, Deputy Record ID: 1854850