HomeMy WebLinkAbout2004-028 Council ResolutionAGENDA ITEM 70
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: February 23, 2004
TOPIC: Resolution No. 04 -28, Approving Development Agreement, Miller's
Crossroads
Vote Required: Simple Majority
BACKGROUND:
The City Council approved the preliminary plat of Miller's Crossroads on September 22,
2003 and authorized execution of a grading only development agreement on
October 13, 2003. Miller's Crossroads Subdivision consists of 152 units of residential
development and a commercial lot. Phase I consists of 69 units of residential
development.
In accordance with the preliminary plat approval and City policy staff has prepared a
Development Agreement for the Miller's Crossroads Development Phase I. The
agreement provides for the following:
1. Submittal by the developer of a Letter of Credit in the amount of $1,175,000.00
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 $183,500.00 to reimburse the City for
costs incurred by the City related to the development and improvements of the
site and developer improvements.
3, A signed Petition and Waiver Agreement for the Birch Street/Hodgson Road
Improvements has been received from the developer, Bruggeman Properties.
Bruggeman Properties has reviewed the contract and is aware of the conditions set
forth.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 04 -28, Approving Development Agreement, Miller's
Crossroads.
3. Not adopt Resolution Number 04 -28.
RECOMMENDATION:
Option No 2 - Staff recommends that Resolution Number 04 -28 be adopted.
CITY OF LINO LAKES
RESOLUTION NO. 04-28
RESOLUTION APPROVING DEVELOPMENT AGREEMENT, MILLER'S CROSSROADS.
WHEREAS, the City Council approved the preliminary plat of Miller's Crossroads on September
22, 2003, and a grading only development agreement on October 13,. 2003, and
WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of
a development contract, between the Developer and the City of Lino Lakes, prior to
commencement of site construction activities and final plat approval to insure satisfactory
completion of public improvements.
NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the
Development Contract with Bruggeman Properties, for Miller's Crossroads Subdivision and
authorizes the Mayor and City Clerk to execute such agreement on behalf of the city.
Adopted by the Lino Lakes City Council this 23n' day of February, 2004.
John / = erge n, Ma
Ann J. Blain ity Clerk
DEVELOPMENT CONTRACT
Miller's Crossroads — Phase I
THIS AGREEMENT made this 23rd day of February, 2004, 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 Bruggeman Properties whose address is 3564 Rollingview Drive, White Bear Lake,
Minnesota, 55110, 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 Miller's Crossroads -
Phase I, hereinafter called "Subdivision ", said land is legally described to -wit
PARCEL 1:
All that part of Government Lot 6 in Section 30, Township 31, Range 22, Anoka County,
Minnesota, which lies East of the road now constructed in a Northerly and Southerly direction
through said property, EXCEPT therefrom the following described property: Commencing at a
point in the North line of said Government Lot 6 which is 198 feet West of the Northeast corner
of said lot; thence South parallel to the East line of said lot, 660 feet; thence West and parallel to
the North line of said lot, 198 feet; thence North and parallel to the East line of said lot, 660 feet;
thence East along the North line of said Lot 6, 198 feet to the point of beginning.
PARCEL 2:
That part of Government Lot 6 in Section 30, Township 31, Range 22, Anoka County,
Minnesota, described as follows: Commencing at a point in the North line of said Government
Lot 6 which is 198 feet West of the Northeast corner of said lot; thence South parallel to the East
line of said lot, 660 feet; thence West and parallel to the North line of said lot, 198 feet; thence
North and parallel to the East line of said lot, 660 feet; thence East along the North line of said
Lot 6, 198 feet to the point of beginning.
Development Contract
Miller's Crossroads — Phase I 2 -18 -2004
WHEREAS, the Developer requested that the City construct and fmance certain
improvements to service the subdivision; and
WHEREAS, the Developer is to be responsible for the installation and fmancing of
certain private improvements within the subdivision; and
WHEREAS, Minnesota Statute 429 provides a method for assessing the cost of City
installed improvements to the benefited property, and
WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358
authorize the City to enter into a performance contract secured by cash escrow or other security to
guarantee completion and payment of such improvements following final approval and recording of
final plat; 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
L 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 fmanced by the Developer are
hereinafter referred to as "City Improvements ".
II DEVELOPER'S IMPROVEMENTS
The Developer's Engineer shall prepare, at the Developer's expense, a grading plan,
preliminary street and utility plan, a surface water management 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.
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Development Contract
Miller's Crossroads - Phase I 2 -18 -2004
Erosion Control Plan
a) The Developer shall submit an erosion control plan, detailing all
erosion control measures to be implemented during construction.
Said plan shall be approved by the City prior to the commencement
of site grading or construction.
b) The Developer shall submit a Turf Establishment Plan which details
topsoil placement, seeding, sodding, mulching, fertilizing and
watering. Said plan shall be approved by the City prior to the
commencement of site grading or construction.
3. Tree Preservation Plan
Developer will provide a tree preservation plan prior to any site
grading which shall be in accordance with the City Tree Preservation
Policy. 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 by the City Forester.
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.
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.
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.
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. Appropriate control measures as
required by the City shall be installed prior to development when
necessary to control erosion.
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Development Contract
Miller's Crossroads — Phase I 2 -18 -2004
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.
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.
i) The front 50 feet of the lots, 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.
All remaining grading must be completed prior to issuance of
building permits.
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.
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.
5 Final street grading, subbase, gravel base, bituminous binder course, and
concrete curb and gutter.
6 Storm sewers when determined to be necessary by the City Engineer,
including all necessary laterals, catch basins, inlets and other appurtenances.
7. Sanitary sewer, laterals or extensions, including all necessary building
services and other appurtenances.
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Development Contract
Miller's Crossroads — Phase I 2 -18 -2004
8. Water, laterals or extensions, including all necessary building services,
hydrants, valves and other appurtenances.
The Developer shall place iron monuments at all lot and block comers 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
fmished ground elevation in accordance with the approved grading plan -
guard stakes shall be appropriately installed to mark these irons.
10. 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.
11. 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.
12. Street Lighting:
a) Residential street lighting shall be owned by the City. Such street
lighting system shall be installed, operated, and maintained by the
electric utility company. City and electric utility company may enter
into a contractual agreement on the rate and maintenance of the
street lighting system. City shall use escrow funds to pay for street
light installation.
It shall be the responsibility of the Developer to pay for street
lighting operation charges for the initial 15 months of operation of
the system.
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Development Contract
Miller's Crossroads - Phase I 2 -18 -2004
13. The Developer shall dedicate to the City, prior to approval of the fmal plat,
at no cost to the City, all permanent or temporary easements necessary for
the construction and installation of the Developer Improvements. All such
easements required by the City shall be in writing, in recordable form,
containing such terms and conditions, as the City shall determine.
14. 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.
15. The Developer shall be responsible for securing all site grading and
development approvals and permits from all appropriate Federal, State,
Regional and Local jurisdictions prior to the commencement of site grading
or construction and prior to the City awarding construction contracts for
public utilities.
16. Cost of Developer's Improvements, description and completion dates are as
shown on Attachment A.
17. Construction of Developer's Improvements:
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.
18.
Prior to the acceptance of Developer Improvements by the City, the
Developer shall obtain final plat approval and record the fmal 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.
All Construction debris and trash shall be properly disposed of at the
developers expense and in a timely manner as determined by the
City.
The Developer must obtain all necessary approvals from Anoka County.
The Developer is responsible for acquiring any necessary right -of -way,
temporary easements, or permanent easements for the construction.
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Development Contract
Miller's Crossroads — Phase I 2 -18 -2004
19. The Developer shall construct and pay for all improvements as described in
the landscaping plan.
20. 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
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.
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.
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Development Contract
Miller's Crossroads - Phase I 2 -18 -2004
III CITY'S IMPROVEMENTS
A. The Developer shall reimburse the City as defined in the Petition for Local
Improvements dated January 23, 2004 (Attachment C) for the following generally
described improvements to serve the Subdivision on the terms and conditions herein
set forth:
Street and associated improvements on Hodgson Road, Birch Street and
Ware Road.
Temporary signal improvements at the intersection of Birch Street and
Hodgson Road.
B. Construction Procedures
1. All City Improvements above shall be instituted, constructed and fmanced as
follows: The City shall commence proceedings pursuant to Minnesota
Statute 429 and City Charter providing that such improvements be made and
assessed against the benefited properties. After preparation of preliminary
plans and estimates by the City Engineer, an improvement hearing, if
required by law, will be called by the City Council for the purpose of
ordering such City Improvements. After preparation of the final plans and
specifications by the City Engineer, bids will be taken by the City and
contract awarded for the installation of City Improvements under the City's
complete supervision.
Security, Levy of Special Assessments and Required Payment Therefore.
L Prior to the preparation of final plans and specifications for the construction
of said City Improvements, the Developer shall provide to the City a cash
escrow or letter of credit in an amount equal to thirty -five (35 %) percent of
the total estimated assessments as established by the City Engineer. (See
Attachment B)
2. Said letter of credit or cash escrow including accrued interest thereon, may
be used by the City upon default by Developer in the payment of special
assessments pursuant hereto, whether accelerated or otherwise. Developer
must receive written notice and a reasonable opportunity to cure before City
draws on cash escrow for special assessments. That such cash escrow or
letter of credit shall remain in full force and effect throughout the term of the
special assessments, except, the amount of such escrow or letter of credit
may be reduced, upon the request of the Developer, at the City's option, but
in no event shall be less than 35% of the outstanding special assessments
against all properties within the Subdivision. The entire cost of the
installation of such City Improvements, including any reasonable
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Development Contract
Miller's Crossroads — Phase I 2 -18 -2004
engineering, legal and administrative costs incurred by the City, shall be
assessed against the benefited properties within the Subdivision in
accordance with City policy existing the date of this agreement, in equal
annual principal installments plus interest on the unpaid installments at a
rate not to exceed the maximum allowed by law.
3. All related special assessments levied hereto shall be payable to the City
Clerk in semi - annual installments over fifteen (15) years commencing on
April 15 of the year after the levy of such assessment and on each September
15 and April 15 thereafter until the entire balance plus accrued interest is
paid in full unless paid earlier. In the alternative, the City, at its option, may
certify the entire assessment roll to the Anoka County Auditor for collection
with the Real Estate Taxes. In the event any payment is not made on the
dates set out herein, the City may exercise its rights granted hereunder for
such default. The Developer waives any and all procedural and substantive
objections to the installation of the City Improvements and the special
assessments, including but not limited to hearing requirements and any •
claim that the assessments exceed the benefit to the property. In the event the
total of all City Improvements is less than originally estimated by the City
Engineer in his feasibility report, Developer waives any appeal rights
otherwise available pursuant to M.S.A. 429.081.
D. Required Payment of Special Assessments by Developer.
1. Developer, its heirs, successors or assigns hereby agrees that within thirty
(30) days after the issuance of a certificate of occupancy for a residence on a
lot located within the Subdivision which is assessed for the cost of such City
Improvements, the Developer, its heirs, successors or assigns, agrees, at its
own cost and expense, to pay the entire unpaid Cost of City Improvements
whether assessed or to be assessed under this agreement against such
property.
2. If a certificate of occupancy is issued before the special assessments have
been levied, the Developer, its heirs, successors or assigns shall pay the City
the sum of cash equal to one hundred twenty percent (120 %) of the
Engineer's estimate of the special assessments for such City Improvements
that would be levied against the property. Upon such payment the City shall
issue a certificate showing the assessments are paid in full. Notwithstanding
the issuance of said certificate, the Developer shall be liable to the City for
any deficiency and the City shall pay the Developer any surplus arising from
the payment based upon such estimate. Developer will be paid interest on
all assessments paid before the levy of such assessments by the City at the
bond interest rates paid by the City.
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Development Contract
Miller's Crossroads — Phase I 2 -18 -2004
Acceleration Upon Default.
1. In the event the Developer violates any of the covenants, conditions or
agreements herein contained to be performed by the Developer, violates any
ordinance, rule or regulation of the City, County of Anoka, State of
Minnesota or other governmental entity having jurisdiction over the
Subdivision, or fails to pay any installment of any special assessment levied
pursuant hereto, or any interest thereon, when the same is to be paid
pursuant hereto, the City at its option, in addition to its rights and remedies
hereunder, after ten (10) days' written notice to the Developer, may declare
all of the unpaid special assessments which are then estimated or levied
pursuant to this agreement due and payable in full, with interest. The City
may seek recovery of such special assessments due and payable from the
security provided herein. In the event that such security is insufficient to pay
the outstanding amount of such special assessments plus accrued interest the
City may certify such outstanding special assessments in full to the County
Auditor pursuant to M.S. 429.061, Subd. 3 for collection the following year.
The City, at its option, may commence legal action against the Developer to
collect the entire unpaid balance of the special assessments then estimated or
levied pursuant hereto, with interest, including reasonable attorney's fees,
and Developer shall be liable for such special assessments and, if more than
one, such liability shall be joint and several. Also, if Developer violates any
term or condition of this agreement, or if any payment is not made by
Developer pursuant to this agreement the City, at its option, may refuse to
issue building permits for any parcel with the Subdivision for which the
assessments have not been paid.
N 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 Pages 1-4 hereof. City shall
provide to Developer upon payment of all the special assessments levied against a
parcel a release of such parcel from the terms and conditions of this Development
Contract subject to provisions contained in this contract.
V REIMBURSEMENT OF COSTS
A. The Developer agrees to establish a non - interest bearing escrow account with the
City in an amount determined by the City Administrator or his designee for the
payment of all costs incurred by the City related to the development of the plat and
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Development Contract
Miller's Crossroads — Phase I
2 -18 -2004
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
7. Park Dedication Fee
8. Tree Preservation Policy
9. Street Lighting - Install/Operate
10. Traffic Signing Improvements
11. Boulevard Tree Planting
12. Street - Storm Sewer - Pond Maintenance
13. Sealcoating Fund
14. Aerial Photo Recovery Cost
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
except for as provided in VI. C.
B. The Developer further agrees that an as- built survey certifying that all the grading
complies with the grading plan prior to issuance of building permits.
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Development Contract
Miller's Crossroads — Phase I 2 -18 -2004
C. Model Homes
The Developer agrees that one eight -unit structure and one three -unit structure can
be installed as model homes upon approval of final plat. 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.
Construction shall be limited to maintain a minimum distance of 150' from
the furthest exterior wall to an improved street as per the State Fire Code.
The Developer may construct and maintain such access in order to meet said
requirements.
3. Prior to release of the building permits for one eight -unit structure and one
three -unit structure, 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 as follows:
Monday through Friday 7:00 a.m. to 7:00 p.m.
Saturday 9:00 a.m. to 5:00 p.m.
Sunday and Holidays No working hours allowed
VIII. OWNERSHIP OF IMPROVEMENTS
A.
Upon completion of the work and construction required by this contract and
acceptance by the City, the improvements lying within the public easements shall
become City property without further notice or action.
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Miller's Crossroads — Phase I 2 -18 -2004
. 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
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.
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.
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
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Miller's Crossroads — Phase I 2 -18 -2004
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.
Final Plat Approval
1. The City agrees to give final approval to the plat of the Subdivision in
accordance with section VII upon execution and delivery of this agreement
and all required petitions, bonds, security, and documents including the
following:
a) Review and approval of a Homeowner's Association agreement,
which includes provisions for the operation and maintenance of all
signage and buffer areas.
Review and approval of informational brochure including Best
Management Practices with regard to buffer and wetland area
requirements.
Receipt of warranty deeds or dedication of all outlots proposed to be
conveyed to the City.
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. PARK DEDICATION
A. A park dedication fee of $ 80,385.00 for Miller's Crossroads Phase I represents no
land dedication and a credit of $34,500 for sidewalk installation along Lakota Trail,
Arrowhead Drive, and Ojibway Path.
XV. PROPERTY TAXES
A. Should the recording of the Final Plat occur after July 1, any and all property taxes
on any public property dedicated as a part of this plat shall be the responsibility of
the Developer. Dollars shall be incorporated into the escrow agreement to cover the
cost of said property taxes.
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Miller's Crossroads Phase I 2 -18 -2004
DEVELOPER CITY OF LINO LAKES
By By
Developer Mayor
STATE OF MINNESOTA
COUNTY OF ANOKA
) SS
A ITEST:
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.
Notary public
page 15
Development Contract
Miller's Crossroads — Phase T 2 -18 -2004
STATE OF MINNESOTA )
) SS
)
COUNTY OF ANOKA
On this day of , of 20_, before me, a Notary Public within and for
said County, personally appeared (Developer), to me known to be the
, of , a corporation under the laws of the State of Minnesota, and that
they executed the foregoing instrument and acknowledged that they/he executed the same on behalf
of said corporation.
Notary Public
page 16
•
ATTACHMENT A
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Miller's Crossroads - Phase I
APPLICANT: Bruggeman Properties
ITEM NECESSARY IMPROVEMENTS
1 SITE GRADING
2 EROSION CONTROL
3 SITE ENGINEERING & SURVEYING
4 LANDSCAPING
6 STREET CONST.
A. Subgrade/Base Course
B. Wear Course
STORM SEWER CONST.
A. Trunk
B. Lateral
C. Surface Water Mgmt. Charge (s.f.)
SANITARY SEWER CONST.
A. Trunk Area Charge (ac.)
B. Trunk Credit
C. Trunk Unit Charge (REU)
D. Lateral
WATERMAIN CONST.
A. Trunk Area Charge (ac.)
B. Trunk Credit
B. Trunk Unit Charge (REU)
C. Lateral
SUBTOTALS:
BUDGET
COST NOTE
Estimate e
Estimate e
Estimate e
Estimate e
Estimate
Estimate
Estimate e
Estimate e
$0.075 a
$2,340
$1,015
Estimate
$2,495
$1,640
Estimate
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
2/18/04
NUMBER OF REU's:
69
ASSESSED AREA (ac.) 15.9
DEVELOPER CITY ESCROW
IMP. (X) IMP. (Y) AMOUNT (Z)
$0
$17,000
$20,000
$84,650
$207,457
$18,214
$0
$115,080
e $174,955
$51,950
$37,210
$0
$70,035
$39,670
$0
$113,160
$144,850
$782,206 $312,025
attachments 2- 18- 04.xis
ATTACHMENT B
CITY FEES
•DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Miller's Crossroads - Phase
APPLICANT: Bruggeman Properties
ITEM NECESSARY IMPROVEMENTS
1 PLANNING/REVIEW
A. Plat Review Fee
B. Planner Review Fee
2 ENGINEERING
A. Plan/Plat/Grading Review
B. Preparation of Plans & Specs.
C. Construction Services
D. Construction Staking
E. City Engineering
3 ADMINISTRATION,
A. Administration Fee - 3% of const.
B. Legal
C. Publications
4 DEVELOPMENT FEES
Ak A. Park Dedication **
B. Sealcoating Fee
C. Aerial Photo Fee
5 BOULEVARD TREE PLANTING
DEVELOPMENT SECURITIES
A. Tree Preservation
B. Street Lighting
C. Traffic Signing
D. Street, St. Swr., Pond Maint.
E. Other - Property Tax, FEMA
TOTALS:
NUMBER OF REU's:
ASSESSED AREA (ac.):
BUDGET DEVELOPER CITY
COST NOTE IMP. (X) IMP. (Y)
$7,500
$0
$0 b
$0 b
$0 b
$0
$23,500
$1,000 b
$1,000
$1,665 d
$12,500 a
90 /unit a
$15,600 b
80 /unit b
$1,680 b
$3,000 b
b
b
69
15.9
ESCROW
AMOUNT (Z)
Less previous grading deposit
Total
SECURITY AMOUNTS TO BE POSTED
X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT)
Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT)
Z = CITY FEE COSTS X 1.0 (CASH ESCROW)
NOTE a: Cost by City policy
b: Estimated Cost or Budget by City
c: Previously Assessed
•
d: Cash Requirement per Agreement with Park Board
e: Provided by Developer
f: Estimate by Feasibility Study
** Park Dedication fee was credited $34,500 for sidewalk installation.
Att . A
$782,206
$312,025
$0
Att. B
$0
$0
$183,500
$7,500
$7,500
$10,000
$0
$50,000
$0
$20,000
$23,500
$1,000
$1,000
$80,385
$12,500
$6,210
$0
$5,520
$3,360
$3,000
$3,025
$0
$234,500
$51,000
$183,500
Total
$1,175,000
$110,000
$183,500
2/18/04 attachments 2- 18- 04.xls