HomeMy WebLinkAbout2004-047 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 04 - 47
RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, CENTURY
FARM NORTH 2ND ADDITION.
WHEREAS, the City Council approved the preliminary plat of Century Farm North on April 28,
2003, and a grading only development agreement on May 27, 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 Century Farm Development, Inc., for Century Farm North 2nd
Addition 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 26'' day of April, 2004.
Ann J. Blai -, City Clerk
AGENDA ITEM 6Bii
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: April 26, 2004
TOPIC: Resolution No. 04 - 47, Authorizing Execution of Development
Agreement, Century Farm North 2nd Addition
Vote Required: Simple Majority
BACKGROUND:
The City Council approved the preliminary plat of Century Farm North on April 28, 2003
and authorized execution of a grading only development agreement on May 27, 2003.
Century Farm North Addition consists of 249 units of residential development. Century
Farm North 2nd Addition consists of 65 units of residential development.
In accordance with the preliminary plat approval and City policy, staff has prepared a
Development Agreement the Century Farm North 2nd Addition Development. The
agreement provides for the following:
1. Submittal by the developer of a Letter of Credit in the amount of $1,037,500.00
representing 150 percent of the development improvement costs and a Letter of
Credit in the amount of $88,150.00 representing 35 percent of the City
improvement costs to insure completion of the project in accordance with the
approved plans.
Deposit of a cash escrow in the amount of $216,000.00 to reimburse the City for
costs incurred by the City related to the development and improvements of the
site and developer improvements.
Century Farm Development, Inca has rev iewed the contract and is aware of the
conditions set forth.
OPTIONS:
1. Return to staff for further review.
2. Adopt Resolution Number 04 - 47, Authorizing Execution Development Agreement,
Century Farm North 2nd Addition.
3. Not adopt Resolution Number 04 - 47.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 04 - 47 be adopted.
DEVELOPMENT CONTRACT
Century Farm North 2 " Addition
THIS AGREEMENT made this 26th day of April, 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 Century Farm North Development, Inc. whose address is 3157 Berwick Knoll.,
Brooklyn Park, Minnesota 55443 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 Century Farm North 2'
Addition, hereinafter called "Subdivision ", said land is legally described to -wit
Outlot D, Outlot E, and Outlot H, CENTURY FARM NORTH, Anoka County,
Minnesota.
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 financing 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.
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
Development Contract
Century Farm North rd Addition 4 -26 -2004
NOW, THEREFORE, in consideration of the mutual promises of the parties made
herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the
I. DESIGNATION OF IMPROVEMENTS
Improvements to be installed at the Developer's expense by the Developer as
hereinafter provided are hereinafter referred to as "Developer Improvements ".
Improvements to be installed by the City and financed by the Developer are
hereinafter referred to as "City Improvements ".
II. DEVELOPER IMPROVEMENTS
A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan,
street and utility plan, and a surface water management plan. The 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:
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.
Erosion Control Plan
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.
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Development Contract
Century Farm North 2nd Addition 4 -26 -2004
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 escrow for boulevard tree planting for each
side of a lot which abuts a street. The City Forester shall determine
species, size and location.
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 ILA.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.
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.
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.
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Development Contract
Century Farm North 2nd Addition 4 -26 -2004
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.
Drainage swales, ditches, storm water storage ponds and other high
risk erosion areas shall be protected from erosion.
j)
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.
Final street grading, subbase, gravel base, bituminous binder course, and
concrete curb and gutter.
Storm sewers when determined to be necessary by the City Engineer,
including all necessary laterals, catch basins, inlets and other appurtenances.
Sanitary sewer, laterals or extensions, including all necessary building
services and other appurtenances.
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 comer irons on the back
property line shall be installed so that the top of the iron corresponds to the
finished ground elevation in accordance with the approved grading plan -
guard stakes shall be appropriately installed to mark these irons.
Development Contract
Century Farm North 2nd Addition 4 -26 -2004
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.
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.
13. The Developer shall dedicate to the City, prior to approval of the final 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 hi writing, in recordable form,
containing such terms and conditions as the City shall determine.
14. 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.
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Development Contract
Century Farm North 2nd Addition 4 -26 -2004
15. The Developer shall make provision that all gas, telephone, cable TV and
electric utility designs be submitted to the City for review and approval prior
to construction of the streets. Following review and approval by the City,
the Developer shall insure that all installations comply with applicable City,
County and State design standards and show proof of security arrangements
with said utility companies.
16. Cost of Developer 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.
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.
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 and City
Improvements as determined by the City.
All construction debris and trash shall be properly disposed of at the
Developer expense and in a timely manner as determined by the
City.
18. The Developer shall construct and pay for all improvements as described in
the landscaping plan.
19. The Developer shall make an application to FEMA for a Letter of Map
Amendment (LOMA) or Letter of Map Revision (LOMR) to revise the
existing Flood Plain maps consistent with the proposed grading plan.
Guarantee
Faithful Performance of Construction Contracts and Letters of Credit
The Developer will fully and faithfully comply with all terms
and conditions of any and all contracts entered into by the
Developer for the installation and construction of all
Developer Improvements and hereby guarantees the
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Development Contract
Century Farm North 2nd Addition 4 -26 -2004
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 adds 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
Improvements the City shall require a Performance Bond or
Cash Escrow to cover the one -year warranty provisions of
the agreement. The amount shall be determined by the City
Engineer.
III. CITY IMPROVEMENTS
A. The City shall credit the Developer for the following described improvements to
serve the Subdivision on the terms and conditions herein set forth:
1. Storm sewer trunks.
2. Sanitary sewer trunks.
3. Water trunks.
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Development Contract
Century Farm North 2nd Addition 4 -26 -2004
B. The Developer shall reimburse the City for the following described improvements
to serve the Subdivision on the terms and conditions herein set forth:
1. Sanitary sewer trunks.
Construction Procedures
1. All City Improvements above shall be instituted, constructed and financed
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.
1. 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)
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
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.
All related special assessments levied hereto shall be payable to the City
Clerk in semi -annual installments over fifteen (15) years commencing on
Development Contract
Century Farm North 2nd Addition 4 -26 -2004
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.
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.
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.
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
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Development Contract
Century Farm North 2nd Addition 4 -26 -2004
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.
IV. RECORDING AND RELEASE
A. The Developer agrees that the terms of this Development Contract shall be a
covenant on any and all property included in the Subdivision. The Developer agrees
that the City shall have the right to record a copy of this Development Contract with
the Anoka County Recorder to give notice to future purchasers and owners. This
shall be recorded against the Subdivision described on Page 1 hereof. City shall
provide to Developer upon payment of all the special assessments levied against a
parcel, a release of such parcel from the terms and conditions of this Development
Contract subject to provisions contained in this contract.
V. REIMBURSEMENT OF COSTS
A. The Developer agrees to establish a non - interest bearing escrow account with the
City in an amount determined by the City Administrator or his designee for the
payment of all cdsts incurred by the City related to the development of the
Subdivision and the Developer Improvements including, but not limited to, the
following (See Attachment B for breakdown of costs):
Plat Review Fee
2. Planner Review Fee
3. Administration - 3% Construction Cost
Engineering
a) Administration
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Development Contract
Century Farm North 2nd Addition 4 -26 -2004
5. Legal - Plat Review
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 upon notice to the Developer, with suitable documentation
supporting charge.
6.
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.
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.
The Developer further agrees to make an application to FEMA for a Letter of Map
Amendment (LOMA) or a Letter of Map Revision (LOMR) to revise the existing
Flood Plain maps consistent with the proposed grading plan prior to issuance of
building permits.
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.
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
Development Contract
Century Farm North 2 °a Addition 4 -26 -2004
responsibility of the Developer, its purchasers, builders or contractors to ensure
compliance with the grading plan.
VII. PHASING PLAN
. The development shall be constructed in accordance with the approved phasing plan
as follows:
1. A total of 55.0 acres of MUSA shall be allocated for the project, and the
project's 249 residential units shall be developed in accordance with the
following phasing plan, which is illustrated on Attachment C:
Year
2003
2004
2005
2006
2007
total
MUSA acres to be
Allocated
15.3
11.4
13.5
5.4
9.4
55.0
Lots to be final platted
5 6
6 5
5 2
4 3
3 3
2 4 9
VIII. 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
IX. OWNERSHIP OF IMPROVEMENTS
A. Upon completion of 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.
INSURANCE
A.
Developer or all its subcontractors shall take out and maintain until one (1) year
after the City has accepted the Developer Improvements, public liability and
property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's work or the work of his
subcontractors or by one directly or indirectly employed by any of them. Limits for
bodily injury and death shall be not less than Five Hundred Thousand and no /100
($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00)
Dollars for each occurrence; limits for property damage shall be not less then Two
Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a
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Development Contract
Century Farm North 21'd Addition 4 -26 -2004
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.
XI ` 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.
XII. 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.
XIII. 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.
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.
Final Plat Approval
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
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Development Contract
Century Farm North 2nd Addition 4 -26 -2004
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.
d) Detail of proposed wetland and buffer area signage.
e) Receipt of permanent easements covering temporary cul -de -sacs
lying outside dedicated right -of -way.
f) Receipt of Conservation Easements covering wetland buffer areas.
g) A total of 55.0 acres of MUSA shall be allocated for the project.
The phasing plan will have 11.4 acres of MUSA in 2004 for 65
dwelling units.
j)
The applicant provides documentation to the City that all applicable
runway safety requirements have or will be satisfied. The runway
safety zone requirements are hereby established as a zoning
restriction.
Specific hanger designs be submitted subject to City approval prior
to consideration of the final plat approval of the lots with the
hangers.
Signs shall be installed along all wetland buffer /easement areas.
Wetland easements shall extend, at a minimum, 10 feet outward
from the delineated wetland boundary.
XIV. 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.
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Development Contract
Century Farm North 2nd Addition 4 -26 -2004
XV. PARK DEDICATION
A. Park dedication for Century Farm North consists of only land dedication and no
park dedication fee.
XVI. 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.
Development Contract
Century Farm North 2nd Addition 4 -26 -2004
DEVELOPER
By
Developer
STATE OF MINNESOTA )
)SS
COUNTY OF ANOKA )
CITY OF LINO LAKES
By
Mayor
A'11EST:
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
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Development Contract
Century Farm North 2°a Addition 4 -26 -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
ATTACHMENT A
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Century Farm North 2nd Addition NUMBER OF REU's: 65
APPLICANT: Century Farm North Development, Inc. ASSESSED AREA (ac.) 11.3
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
C. Trunk Unit Charge (REU)
D. Lateral
SUBTOTALS:
NOTE:
BUDGET DEVELOPER CITY ESCROW
COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z)
Estimate e $20,000
Estimate e $17,000
Estimate e $20,000
Estimate a $84,650
Estimate a $157,088
Estimate a $29,146
Estimate a $0
Estimate e $126,148
$0.050 a
$24,612
$2,340 a $26,442
($86,258)
$65,975
$1,015
Estimate
$2,495
$1,640
Estimate
Trunk Credits
TOTALS
See Attachment B for security amounts to be posted
a: Cost by City policy
b: Estimated Cost or Budget by City
c: Previously Assessed
d: Cash Requirement per Agreement with Park Board
e: Provided by Developer
f: Estimate by Feasibility Study
a
$105,322
$28,194
($7,755)
$106,600
$111,305
$670,659 $251,823
$94,013
$157,810
4/19/04
attachments 4-16-04
•
ATTACHMENT B
CITY FEES
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Century Farm North 2nd Addition NUMBER OF REU's: 65
APPLICANT: Century Farm North Development, Inc. ASSESSED AREA (ac.): 11.3
ITEM NECESSARY IMPROVEMENTS
1 PLANNING /REVIEW
A. Plat Review Fee
B. Planner Review Fee
ENGINEERING
A. Plan /Plat/Grading Review
B. Preparation of Plans & Specs.
C. _ Construction Services
D. Construction Staking
E. City Engineering
ADMINISTRATION
A. Administration Fee - 3% of const.
B. Legal
C. Publications
DEVELOPMENT FEES
A. Park Dedication
B. Sealcoating Fee
C. Aerial Photo Fee
BOULEVARD TREE PLANTING
DEVELOPMENT SECURITIES
A. Tree Preservation
B. Street Lighting - installation
C. Street Lighting - operation
D. Traffic Signing
E. Street, St. Swr., Pond Maint.
F. Other - Property Tax, FEMA
TOTALS:
• 6
BUDGET DEVELOPER CITY ESCROW
COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z)
$7,500
$7,500
$0
$0
$0
$0
$0
3% of const.
$1,000
$1,000
$1,665
b
b
b
b
b
b
b
a
b
90 /unit
a
a
b
80 /unit b
$1,590 b
$225 b
$3,000 b
b
b
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
20700
$20,700
$7,500
$7,500
$25,000
$0
$75,000
$0
$30,000
$18,700
$1,000
$1,000
$0
$18,500
$5,850
$0
$5,520
$6,360
$900
$3,000
$5,170
$5,000
$216,000
AAA ALB. Total
$1,006,000 $31,500 $1,037,500
$88,150 $0 $88,150
$0 $216,000 $216,000
4/19/04
attachments 4 -16 -04