HomeMy WebLinkAbout2004-177 Council Resolution•
CITY OF LINO LAKES
RESOLUTION NO. 04 -177
RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR GRADING, HIGHLAND
MEADOWS EAST, 2ND ADDITION.
WHEREAS, the City Council issued re- zoning and conditional use permit approval for Highland
Meadows East 2nd Addition on August 9, 2004, and
WHEREAS, the Developer, TSM Development, Inc. is requesting approval to commence
grading work of such development to be known as Highland Meadows East 2nd Addition; 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 TSM Development, Inc. for Highland Meadows East 2 "d Addition
and authorizes the Mayor and City Clerk to execute such agreement on behalf of the city.
• Adopted by the Lino Lakes City Council this 22 "d day of November, 2004.
Ann J. BIif;City Clerk
•
J. Be eso , Mayor
•
AGENDA ITEM 6C
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: November 22, 2004
TOPIC: Resolution No. 04 -177, Approving Development Contract (Grading
Only), Highland Meadows East 2nd Addition
Vote Required: Simple Majority
BACKGROUND:
The City Council authorized a property re- zoning and Conditional Use Permit to
provide for a proposed development titled Highland Meadows East 2nd Addition
on August 9, 2004. The Developer, TSM Development, Inc. is now requesting
approval to begin grading work. Highland Meadows East 2nd Addition provides
for the construction of 18 residential units on a parcel of property near the
intersection of 79th Avenue North and Nancy Drive.
In accordance with the preliminary plat approval and City policy staff has
prepared a Development Contract for Grading only. The contract provides for
the following:
1. Submittal by the developer of a Letter of Credit in the amount of
$270,000.00 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 $17,500.00 to reimburse the
City for costs incurred by the City related to the development and
improvements of the site and developer improvements.
TSM Development, Inc. 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 -177, Approving Development Contract for
Grading, Highland Meadows East 2nd Addition.
RECOMMENDATION:
Option No. 2 - Staff recommends that Resolution Number 04 -177 be adopted.
•
DEVELOPMENT CONTRACT
(Site Grading Only)
Highland Meadows East 2nd Addition
THIS AGREEMENT made this 22nd day of November, 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 TSM Development whose address is 222 Monroe Street, Anoka, Minnesota, 55303,
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 Highland Meadows East
2nd Addition, hereinafter called "Subdivision ", said land is legally described to -wit
Outlot A, HIGHLAND MEADOWS EAST, ACCORDING TO THE RECORDED PLAT THEREOF,
Anoka County, Minnesota,
activities, and
WHEREAS, the Developer has requested approval to commence with site grading
WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358
authorize the City to enter into a performance contract secured by cash escrow or other security to
guarantee completion and payment of such improvements following final approval; and
NOW, THEREFORE, in consideration of the mutual promises of the parties made
herein,
IT IS AGREED BY AND BETWEEN THE PAR'T'IES HERETO: that the
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Development Contract — Site Grading Only
Highland Meadows East 2nd Addition 11 -22 -2004
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 ".
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. The final site grading plan shall also be subject to the
approval of any other governmental agency having jurisdiction,
including but not limited to the Rice Creek Watershed District
(RCWD). No grading shall commence until all requirements of the
RCWD have been satisfied. No building permits shall be issued until
all site grading has been completed to the satisfaction of the City.
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
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Development Contract — Site Grading Only
Highland Meadows East 2nd Addition 11 -22 -2004
be subject to the approval of any other governmental agency
having jurisdiction.
b) The Developer shall submit a Turf Establishment Plan which details
topsoil placement, seeding, sodding, mulching, fertilizing and
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 ll.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.
Development Contract — Site Grading Only
Highland Meadows East 2nd Addition 11 -22 -2004
e) Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
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.
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. Other Construction
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Development Contract — Site Grading Only
Highland Meadows East 2nd Addition 11 -22 -2004
a) Improvements to be constructed by the Developer, shall include access
from 79th Street. In the event that damages to the streets or other City
infrastructure result from said improvement work, the Developer shall be
responsible for effecting said repairs, or the City shall withhold escrows
or deposits as the City deems appropriate and necessary.
b) The Developer shall provide a financial security or cash escrow in an
amount of $ XXXXXX 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.
6. The project shall not be final platted until 2005 to comply with growth
management policy.
7 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.
8. Park dedication shall be provided in cash to the City by the Developer in an
amount of $29,970.
9. 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.
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's and City's
Improvements as determined by the City.
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Development Contract — Site Grading Only
Highland Meadows East 2nd Addition 11 -22 -2004
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. 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
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Development Contract — Site Grading Only
Highland Meadows East 2nd Addition 11 -22 -2004
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 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
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.
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Development Contract — Site Grading Only
Highland Meadows East 2nd Addition 11 -22 -2004
VI. 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
VII. 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.
VIII. INSURANCE
• A. Developer or all its subcontractors shall take out and maintain ain 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.
•
IX. 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.
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Development Contract — Site Grading Only
Highland Meadows East 2 "d Addition 11 -22 -2004
X. 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.
XI. 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.
C. Final Plat Approval
1. Prior to Final Plat Approval the Developer shall enter into a comprehensive
Development Contract with the City. Such agreement shall provide for
submittal of all bonds, security, escrows and documents as required by the
City's Public Improvement Financing Policy, conditions of preliminary plat
approval, and City Subdivision and Zoning Ordinances.
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Development Contract — Site Grading Only
Highland Meadows East 2 "d Addition 11 -22 -2004
DEVELOPER CITY OF LINO LAKES
By By
Developer Mayor
ATTEST:
By
Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
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 — Site Grading Only
Highland Meadows East 2nd Addition 11 -22 -2004
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA
On this day of , of 20 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
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ATTACHMENT A - GRADING ONLY
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Highland Meadows East 2nd Addition
APPLICANT: TSM Development
ITEM NECESSARY IMPROVEMENTS
1 SITE GRADING
2 EROSION CONTROL
3 SITE ENGINEERING & SURVEYING
4 LANDSCAPING
5 STREET CONST.
A. Subgrade/Base Course
B. Wear Course
6 STORM SEWER CONST.
A. Trunk
B. Lateral
C. Surface Water Mgmt. Charge (s.f.)
• SANITARY SEWER CONST.
A. Trunk Area Charge (ac.)
B. Trunk Credit
C. Trunk Unit Charge (REU)
D. Lateral Estimate e
8 WATERMAIN CONST.
A. Trunk Area Charge (ac.) a
B. Trunk Credit
B. Trunk Unit Charge (REU) a
C. Lateral Estimate e
SUBTOTALS:
BUDGET
COST
Estimate
Estimate
Estimate
Estimate
NOTE
e
e
e
e
Estimate e
Estimate e
Estimate
Estimate
e
e
a
a
NOTE:
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
11/13/2004
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NUMBER OF REU's: 18
ASSESSED AREA (ac.): 3.47
DEVELOPER CITY ESCROW
IMP. (X) IMP. (Y) AMOUNT (Z)
$1.70,000
$6,000
$4,000
$0
$0
$0
$0
$0
$180,000
$0
$o
$0
$0
$0
$0
$o
$0
attachments(a) 11- 22- 04.xls
ATTACHMENT B - GRADING ONLY
CITY FEES
•DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Highland Meadows East 2nd Addition NUMBER OF REU's: 18
APPLICANT: TSM Development ASSESSED AREA (ac.): 3.47
BUDGET DEVELOPER CITY ESCROW
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z)
1 PLAT REVIEW FEE $2,000 b $2,000
2 PLANNER REVIEW FEE $2,000 b $2,000
3 ADMINISTRATION -3% OF CONST. 3% of const. a
4 ENGINEERING
A. Plan /Plat/Grading Review $0 b $3,500
B. Preparation of Plans & Specs. $0 b
C. Construction Services $0 b $5,000
D. Construction Staking $0 b
E. City Engineering $0 b $3,000
5 LEGAL PLAT REVIEW FEE $1,000 b $1,000
6 PUBLICATIONS $1,000 b $1,000
7 PARK DEDICATION FEE $1,665 d
• TREE PRESERVATION POLICY $960 b
9 STREET LIGHTING INST. & OPER. $1,680 b
10 TRAFFIC SIGNING IMPROV. $3,000 b
11 BOULEVARD TREE PLANTING $300 b
12 STREET, ST. SWR. & POND MAINT. b
13 SEALCOATING FEE a
14 FEMA Processing Fee N/A
15 AERIAL PHOTO COST RECOVERY a
16 OTHER - Property Tax Escrow b
a
TOTALS:
$0 0 $17,500
SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total
X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $270,000 $0 $270,000
Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $0 $0 $0
Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $17,500 $17,500
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
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11/13/2004
attachments(a) 11- 22- 04.xis