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HomeMy WebLinkAbout2004-202 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 04-202 RESOLUTION APPROVING SUBDIVISION /PLANNED UNIT DEVELOPMENT CONTRACT VILLAGE NO.2 (LEGACY AT WOODS EDGE) WHEREAS, The City Council approved the preliminary plat of Village No. 2 on March 8, 2004; 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 developer improvements. NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves the Subdivision /Planned Unit Development Contract for Village No. 2 (Legacy at Woods Edge) and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 2 ATTEST: Ann Blair ity Clerk 40. of December, 2004. John Berg on, ayor STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: AGENDA ITEM 6G Michael Grochala December 20, 2004 TOPIC: Consideration of Resolution No. 04 -202 Approving Legacy at Woods Edge Subdivision /PUD Contract BACKGROUND: The City Council approved the Development Stage Plan /Preliminary Plat of Village No. 2 (Legacy at Woods Edge) on March 8, 2004. Staff has prepared a Subdivision /PUD Contract for the development in accordance with the preliminary plat approval and City policy. The contract sets forth the obligations of the Developer, as the proposed project proceeds, including security for developer improvements, escrow dollars to cover city incurred costs, trunk utility charges and park dedication fees. The City Attorney has reviewed the contract and approved it for City execution. Hartford Development, Inc. has reviewed the contract and is aware of the conditions sefforth. RECOMMENDATION: Staff recommends approval of the Subdivision /Planned Unit Development Contract. ATTACHMENTS 1. Resolution No. 04 -202 2. Development Contract. • CONTRACT FOR SUBDVISION/PLANNED UNIT DEVELOPMENT THIS AGREEMENT, made this day of December, 2004, by and between the CITY OF LINO LAKES, , a Minnesota municipal corporation, hereinafter referred to as the "City" and LEGACY DEVELOPMENT, INC., whose address is , MN, a Minnesota corporation hereinafter referred to as the "Developer ". WITNESSETH: WHEREAS, the Developer has received approval from the City Council for a preliminary plat of land within the corporate limits of the City known as Village No. 2, hereinafter called "Development Property". The real property to be developed is legally described on Schedule A attached hereto and made a part hereof; and WHEREAS, On March 8, 2004, the Lino Lakes City Council adopted Resolution No. 04 -33 granting Development Stage Plan/Preliminary Plat approval for Legacy at Woods Edge, with conditions ( "Resolution "), incorporated herein by reference; and WHEREAS, On March 22, 2004 the Lino Lakes City Council adopted Ordinance No.04- 04 approving the rezoning of the Development Property from LB, Limited Business and PSP, Public /Semi- Public to PUD, Planned Unit Development District ( "Ordinance ") incorporated herein by reference; and WHEREAS, the Developer requested that the City construct and finance certain improvements to serve the Development Property; pursuant to Minnesota Statutes Chapter 429 as specified in a petition and waiver agreement, dated December , 2004; and WHEREAS, Developer, the Lino Lakes Economic Development Authority ( "Authority ") and the City have entered into a Contract for Private Redevelopment dated December , 2004 (the "Redevelopment Contract ") relating to the Development Property; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: LegacyDevelopmentContractfinal .doc 12/17/04 1. OFFICIAL EXHIBITS AND DEVELOPMENT CONDITIONS. The Subject Property will be developed, used, and maintained in conformance with the approved development plans, which are referred to as the "Official Exhibits ", the Ordinance including the Lino Lakes Town Center Design & Development Guide ", the Resolution, the Redevelopment Contract, the terms and conditions of this Agreement and applicable grant agreements and all state, county, city and other governmental regulations which may be applicable thereto. The Official Exhibits themselves will not be attached to this Agreement. If the Official Exhibits vary from the written terms of this Agreement, the written terms will control. The Official Exhibits are as follows: A. Boundary, Topographic and Tree Inventory Survey, prepared by E.G. Rud and Sons, Inc., received November 10, 2003 B. Preliminary Plat, prepared by E.G. Rud and Sons, Inc., dated June 8, 2004. C. Master Site Plan, prepared by Hartford Group, Inc., dated February 6, 2004. D. Master Grading Plan, prepared by Hartford Group, Inc., received November 10, 2003. E. Master Landscaping Plan, prepared by Hartford Group, Inc., dated February 6, 2004. F. Sanitary Sewer and Water Plan, dated February 1, 2004 G. Site Grading and Erosion and Control Plan, dated February 1, 2004 H. Storm Sewer Routing Plan, dated February 1, 2004 I. Preliminary Storm Sewer Plan, dated November 25, 2001 J. Existing Drainage Plan and Storm Water Calculations, dated November 25, 2001 K. Preliminary Street Grading Plan, dated February 1, 2004 L. Street Lighting Plan, dated February 1, 2004 M. Preliminary Streetscaping Plan (Areas 1 through 4) , dated November 25, 2001 N. Legacy at Woods Edge Feasibility Study, dated June 10, 2004 2. DEVELOPMENT PLANS. A. Grading, Drainage & Erosion Control Master Plan. The Developer's Engineer shall prepare, at the Developer's expense, a final grading, drainage and erosion control master plan for review and approval by the City. The plan shall include the following: 1. Certified wetland delineation, with maximum two -foot contours and cross sections as necessary. 2. Identification of all tree preservation areas and methods of protection for said areas. 3. The plan shall include an erosion control plan, detailing all erosion control measures to be implemented during construction. The plan shall include a turf establishment plan which details topsoil placement, seeding, sodding, mulching, fertilizing and watering. LegacyDevelopmentContractfinal .doc 3 12/17/04 4. Surface Water Management System including storm sewers when determined to be necessary by the City Engineer, and all necessary laterals, catch basins, inlets and other appurtenances. B. Private Utility Plan. 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. C. Site Development Plans. For each phase of the development for which they seek approval the Developer shall submit to the City for review and approval a Final Development Plan set and specifications ( "Development Plans ") for the Development Property. Such Development Plans shall be in general conformance with the Ordinance and the Resolution. Such Development Plans for each phase shall include, as necessary, the following: 1. Final Plat 2. Tree Preservation Plan 3. Site Plan 4. Temporary and Permanent Drainage and Erosion Control Plan 5. Storm Sewer Plan 6. Utility Plan 7. Paving Plan 8. Signage and Striping Plan 9. Lighting Plan 10. Landscaping Plan 11. Lighting, Landscaping and Civil details and specifications 12. Building Elevations and Floor plans D. All of the above - referenced Development Plans must be approved by the City prior to their implementation. The City acknowledges that the Developer may sell portions of Village No. 2 to other sub - developers. In such instances, the obligations of the Developer under Article 3 (C.) herein shall terminate upon execution of a development or site improvement agreement by the sub - developer with the City 4. RIGHT TO PROCEED. A. Following execution of this agreement and approval by the City of the Grading, Drainage & Erosion Control Master Plan, the Developer may commence site grading in conformance therewith. 5. DEVELOPER IMPROVEMENTS. Legacy at Woods Edge Agreement 4 12/17/04 • A. Developer shall construct and install at Developer's expense all improvements contemplated in the Development Plans described in Article 2 herein. Furthermore, the following provisions shall apply to all work conducted by Developer: 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. Said improvements shall be installed according to the following terms and conditions. 1. 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. 2. 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. 3. Prior to commencement of grading activities the Developer shall install erosion control measures in accordance with the approved Erosion Control Plan. 4. Prior to commencement of grading activities the Developer shall install all tree preservation control measures in accordance with the approved Tree Preservation Plan. 5. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. 6. 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. 7. 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. 8. Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. 9. The Developer's engineer shall certify, in writing with an as-built survey, that all grading complies with the grading plan prior the commencement of public improvements and the issuance of building permits. Legacy at Woods Edge Agreement 5 12/17/04 • • 10. The estimated cost of Developer's Improvements and description are shown on Schedule B. 7. GUARANTEE. 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 approval of the Developer's Improvements. Concurrently with execution hereof by the Developer the Developer shall furnish to and maintain with the City security based on thirty five percent (35 %) of the total estimated cost of Developer's Improvements as shown on Schedule B. Such Security shall consist of a cash deposit, irrevocable letter of credit or joint assignment to the City of Developers site grading reserve with Developers lender. Any assignment provided herein shall be subject to review and approval by the City. Other than said joint assignment of the site grading reserve, said Security shall be for the exclusive use and benefit of the City of Lino Lakes and shall state therein 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 Security for the purpose of guaranteeing the terms and conditions of this contract. The Security shall be renewed or replaced by no later than thirty (30) days prior to its expiration with a like letter. The Developer may request a reduction in the Security, based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of reduction will be determined by the City Engineer but may include an amount necessary to cover the one year warranty provisions of this agreement. 8. PUBLIC IMPROVEMENTS. Generally. The City will construct all public streets, sewer water and stormwater utilities, sidewalks, street lighting, trails and retaining walls serving the Development Property, together with streetscaping and community green improvements generally shown in the Master Site Plan (collectively, the "Public Improvements "). The City will also undertake improvements to the Lake Drive intersection with Interstate 35 -W (the "Lake Drive Improvements "). All such improvements will be constructed and financed in accordance with the terms and conditions as specified in Article 4, Section 4.6 of the Redevelopment Contract. 9. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Development Property to perform all work and inspections deemed appropriate by the City in conjunction with development of the Development Property and the installation of the Developer or City Improvements. 10. OWNERSHIP OF IMPROVEMENTS. All Developer Improvements shall remain the property of the Developer or assigns. The Developer or its assigns shall be responsible for all installation, maintenance and replacement, if necessary, associated with said Developer Improvements. The City of Lino Lakes reserves the right to take corrective action in instances Legacy at Woods Edge Agreement 12/17/04 CONTRACT FOR SUBDIVISION/PLANNED UNIT DEVELOPMENT LEGACY AT WOODS EDGE By and Between CITY OF LINO LAKES And LEGACY HOLDING -LL, LLC. Date as of: , 2004 Legacy at Woods Edge Agreement 1 12/17/04 where Developer Improvements lying within public drainage and utility easements on the Development Property impair public safety. 11. RECIPRICAL EASEMENT, OPERATION AND MAINTENANCE AGREEMENT. The Developer shall provide to the City, for its approval, a copy of any required Reciprocal Easement Agreement and Operation and Maintenance Agreements for each phase of the development property where such agreements are necessary. Such agreement shall at a minimum provide for; 1) maintenance of private improvements (i.e., lighting, utilities, snow removal); 2) Provisions for implementation of Surface Water Runoff Best Management Practices (BMP)'s; and 3) Provisions for maintaining Open Space and Infiltration Areas. 12. REIMBURSEMENT OF COSTS. 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 as specified in Schedule C. 13. INDEMNITY AND REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from subdivision or plat approval and from development of the Development Property. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. Furthermore, 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. Notwithstanding the above, Developer shall have no obligation to indemnify nor hold the City and its officers, employees and agents harmless from claims made by third parties for damages sustained or incurred resulting from the negligence or willful acts of the City, its officers, employees or agents, other than approval of the Development Property and related development plans. Legacy at Woods Edge Agreement 7 12/17/04 • 14. HOURS OF CONSTRUCTION ACTIVITY. All construction activity shall be limited from 7:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. No work shall be allowed on Sundays or the Holidays of Thanksgiving, Christmas, New Years Day, Independence Day and Labor Day without the prior written consent of the City. 15. OCCUPATION OF PREMISE. The Developer further agrees that they will not cause to be occupied for the purposes of conducting business or residential housing, any premises constructed upon the plat or any property within the plat until the completion of the gas, electric, telephone (Developer Improvements), and street and utility improvements (Public Improvements) serving such premises to the extent of the concrete curb, gutter and bituminous base required by this Development Contract to be constructed, unless the City has agreed in writing to waive this requirement as to a specific premises. Furthermore, issuance of building permits for lots within the Development Property shall be conditioned upon the owner and its contractors using all commercially - reasonable efforts to avoid interference with construction of the Public Improvements. 16. INSURANCE. Developer or all its subcontractors shall take out and maintain until one (1) year after completion of 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 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. 17. EVENTS OF DEFAULT. Events of Default Defined. The following shall be "Events of Default" under this Agreement and term "Event of Default" shall mean whenever it is used in this Agreement, any one or more of the following events: A. Failure by the Developer to substantially observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, Ordinance 04 -04, or the Redevelopment Contract. B. Remedies on Default. Whenever any Event of Default referred to in Section. 17.A. of this Agreement occurs, the City, as specified below, may take the following action after providing of thirty (30) days written notice to the Developer and assignees specified in writing of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days or, if the Event of Default cannot be cured within thirty (30) days, the Developer or its assigns does not provide assurances to the City reasonably Legacy at Woods Edge Agreement 8 12/17/04 satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. C. The City may suspend its performance under the Agreement, until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under the Agreement. D. The City may, at its option, perform any work required by Developer, and the Developer shall promptly reimburse the City for any expense incurred by the City. This contract is a license for the City to act and shall not be necessary for the City to seek a court order for permission to enter the land. E. The City may, at its option, in addition to the rights and remedies as set out hereunder may withhold issuance of any Building Permit, Certificate of Occupancy or protective inspections necessary for construction and occupation of that portion of the proposed development site that is in default until such time as such default has been corrected to the satisfaction of the City. F. The City may, take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to the City to collect any payments due under this Agreement, or to enforce performance and observation of any obligation, agreement, or covenant of the Developer under this Agreement. G. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article 17. H. No Additional Waiver Implied By One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 18. GENERAL. A. Miscellaneous. 1. All Construction debris and trash shall be properly disposed of at Developer's expense and in a timely manner as determined by the City. Legacy at Woods Edge Agreement 9 12/17/04 • • 2. The Developer shall (daily if necessary) clean from streets dirt and debris that has resulted from construction work by the Developer, its agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party for erosion control, street cleaning, and street sweeping. 3: 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. B. Binding Effect. The terms and provisions hereof shall be binding upon and inure 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. C. Notices 1. Required notices to the Developer shall be in writing and shall either be hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified or registered mail at the following address: Hartford Group, Inc. 12100 Singletree Lane, Suite 101 Eden Prairie, MN 55344 2. Notices to the City shall be in writing and shall be either by hand delivered to the City Clerk, or mailed by certified or registered mail, in care of the City Clerk at the following address: Lino Lakes City Hall 600 Town Center Parkway Lino Lakes MN 55014 -1182 D. Final Plat Approval. The City agrees to give final approval to the plat of the Development Property upon execution and delivery of this agreement and of all required petitions, escrows, fees and security. E. Third parties shall have no recourse against the City under this Contract. F. The Developer may not assign this Contract without the written permission of the City Council, which permission shall not be reasonably withheld. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. G. Upon completion, to the reasonable satisfaction of the City, of Developer's obligations described herein, the City will issue a Certificate of Release indicating that such obligations are satisfied as to the phase completed. If a sub - developer is developing Legacy at Woods Edge Agreement 10 12/17/04 • a phase of the Project, the City will issue Certificate of Release for said phase to the Developer upon execution of a Development or Site Improvement agreement with the sub - developer. 19. TRUNK UTILITY & SURFACE WATER MANAGEMENT CHARGES. A. Trunk Sewer Area and Unit Charges. The City has established trunk area and unit charges to uniformly distribute the costs of public trunk sanitary sewer infrastructure. (i) Trunk Area Charge. The Developer or the sub - developer of a Phase of the Project shall pay upon execution of a development or site improvement agreement for said Phase, Trunk Sanitary Sewer Area Charges, based on developable acreage, in the amount specified in Schedule D. (ii) Trunk Unit Charge. Each individual connection to the sanitary sewer system shall be charged a unit charge per SAC unit at the time of building permit issuance. The unit charge shall be based on the procedure outlined in the Metropolitan Environmental Services Service Availability Charge Procedure Manual. Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. B. Trunk Water Area and Unit Charges. The City has established trunk area and unit charges to uniformly distribute the costs of public trunk water infrastructure. (i) Trunk Area Charge. The Developer or the sub - developer of a Phase of the Project shall pay upon execution of a development or site improvement agreement for said Phase, Trunk Water Area Charges, based on developable acreage, in the amount specified in Schedule D. (ii) Trunk Unit Charge. Each individual connection to the water system shall be charged a unit charge per SAC unit at the time of building permit issuance. The unit charge shall be based on the procedure outlined in the Metropolitan Environmental Services Service Availability Charge Procedure Manual. C. Surface Water Management Area Charges. The City has established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Developer or the sub - developer of a Phase of the Project shall pay upon execution of a development or site improvement agreement for said Phase„ Surface Water Management Charges, based on developable acreage, in the amount specified in Schedule D. 20. PARKS & OPEN SPACE. A. Community Green. The developer shall dedicate to the public the Park, as shown on the Village No. 2 preliminary plat, dated June 8, 2004. Legacy at Woods Edge Agreement 11 12/17/04 B. Wetland Preserve. The Developer shall provide to the City a warranty deed at no cost to the City, for Outlot B, as shown on the Village No. 2, preliminary plat, dated June 8, 2004. C. Trail Easement. The Developer shall provide to the City a Trail Easement over the southern portion of Lot 3, Block 3, as shown on the Village No. 2 preliminary plat, dated June 8, 2004. The legal description of said trail easement shall be defined during the preparation of plans & specifications for Public Improvements. The trail easement shall be conveyed to the City prior to awarding of contract for public improvements. D. Park Dedication Fees. In addition to the properties to be dedicated to the Public in A,B, and C herein,park dedication fees shall be paid as follows: 1. Payment of Fees. The Developer or sub - developer of each Phase shall pay park dedication fees at the time each phase of the Village 2 receives final plat approval by the City or if no final plat is required for said Phase, upon execution of a development or site improvement agreement for the Phase. The park dedication fees due shall be calculated based upon the actual number of residential units and the commercial acreage within the Phase being developed. Such cash payment shall be established by Ordinance in effect at the time of Final Plat or site agreement approval. 2. Developer Reimbursement. At such time as the City has received all park dedication fees due and payable for the entire plat of the Village 2, the city shall reimburse Developer the sum of $176, 418.00 which represents the value of the land dedicated in Paragraph 20 (A) herein. 3. Property Taxes. 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 may be incorporated into the escrow agreement to cover the cost of said property taxes. 21. VALIDITY. 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. 22. RECORDING AND RELEASE The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Development Property. The Developer covenants with the City, its successors and assigns, that the Developer has the right to perform the Development Improvements on the Development Property, that there are no unrecorded interests in the Development Property platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 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 Development Property described on Exhibit A hereof. Legacy at Woods Edge Agreement 12 12/17/04 • IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf as of the date first above written. CITY OF LINO LAKES, MINNESOTA By Its Mayor By Its City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2004 by John Bergeson and Ann Blair, the Mayor and City Clerk of the City of Lino Lakes, Minnesota, on behalf of the City. Notary Public Legacy at Woods Edge Agreement 13 12/17/04 LEGACY HOLDING - LL,LLC. By Its STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004 by , the of Legacy Holding -LL, a Minnesota Limited Liability Company. • Notary Public Legacy at Woods Edge Agreement 14 12/17/04 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Legacy at Woods Edge Agreement 15 12/17/04 • SCHEDULE B DEVELOPER IMPROVEMENTS CITY SECURITY PROJECT NAME: Legacy at Woods Edge APPLICANT: Legacy Development, Inc. BUDGET DEVELOPER ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) 1 SITE GRADING Estimate a $750,000 2 EROSION CONTROL Estimate a $17,000 3 SITE ENGINEERING & SURVEYING Estimate a $20,000 NOTE: TOTALS: $787,000 IMPROVEMENT SECURITY REQUIRED (TOTAL X .35) $275,450 a: Provided by Developer 12/17/2004 Schedule B Security SCHEDULE C CITY ESCROW PROJECT NAME: Legacy at Woods Edge APPLICANT: Legacy Development, Inc. ITEM DESCRIPTION 1 PLANNING /REVIEW A. Plat/Plan Review a $5,000 2 ENGINEERING A. Plan/Plat/Grading Review a $10,000 3 ADMINISTRATION A. Admin /Legal a $2,500 4 OTHER Property Tax a $5,000 ESCROW NOTE AMOUNT NOTE: TOTALS CASH ESCROW REQ'D: $22,500 a: Estimated Cost or Budget by City 12/17/2004 Schedule C Escrow PROJECT NAME: APPLICANT: SCHEDULE D CITY FEES Legacy at Woods Edge Legacy Development, Inc. DEVELOPABLE LAND AREA: Acres Sq.Ft. Residential 8.10 352,836.00 Commerical 15.82 689,119.20 Total Area 23.92 1,041,955.20 FEE ITEM DEVELOPMENT FEES PARAMETER NOTE SUBTOTALS AMOUNT 1 2 3 • SANITARY SEWER' a. Trunk Sanitary Sewer Area b. Trunk Sanitary Sewer Unit Total Sanitary Sewer WATER MAIN' a. Trunk Water Area b. Trunk Water Unit Total Water Main SURFACE WATER MANAGEMENT' $2430 per acre $1050 per SAC Unit $2495 per acre $1640 per SAC Unit a a a a $58,125.60 n/a $59,680.40 n/a $58,125.60 $59,680.40 a. Multi- Family $.068 per sq.ft. (includes SW Credit) a $23,992.85 b. Commercial $.075 per sq.ft. (includes SW Credit) a $51,683.94 Total SWM $75,676.79 TOTALS: $193,482.79 ' Fees based on 2004 City Fee Schedule. Actual charges will be based on fee in effect at time of final plat or site plan approval. NOTE: a: Cost by City policy • 12/17/2004 Schedule D Fees