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:
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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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