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HomeMy WebLinkAbout2014-003 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-03 RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR MARSHAN MEADOWS SECOND ADDITION WHEREAS, the City Council approved the Preliminary and Final Plat for Marshan Meadows Second Addition on January 27, 2014; and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Contract between Albert and Sherri Shober, husband and wife, and the City of Lino Lakes, for Marshan Meadows Second Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 27 day of Jan , 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member Stoesz and was duly seconded by Council Member Kusterman and upon vote being taken thereon, the following voted in favor thereof: Stoesz, Kusterman, Rafferty, Roeser, Reinert The following voted against same: none ATTEST: DEVELOPMENT CONTRACT Marshan Meadows Second Addition THIS AGREEMENT made this day of January, 2014, 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 Albert J. Shober and Sherri A. Shober, husband and wife whose address is 7332 Stage Coach Trail, Lino Lakes, MN 55014 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 Marshan Meadows Second Addition hereinafter called "Subdivision," as shown in Attachment A and is legally described as follows: Lot 1, Block 1, Marshan Meadows, Anoka County, Minnesota. WHEREAS, the Developer is splitting the above described land into two lots with one existing residence and one additional residence, which will be legally described to -wit Lot 1 and 2, Block 1, Marshan Meadows Second Addition WHEREAS, certain improvements to service the subdivision have been made by a previous development; and WHEREAS, the Developer is responsible for the installation and financing of certain private improvements within the subdivision; and WHEREAS, the City Subdivision Ordinance and Minnesota Statutes section 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the Marshan Meadows Second Addition Development Contract January 2014 I. DEVELOPER IMPROVEMENTS A. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. B. The Developer shall notify the Rice Creek Watershed District (RCWD) of their intent to construct a new home and submit a grading plan to the City and RCWD. The RCWD will confirm that no wetland or flood plain impacts will occur and that proper soil erosion and sediment control are employed during construction. C. The Developer is to maintain a 150 foot setback from the Ordinary High Water Level of Marshan Lake. D. The Developer shall dedicate to the City at no cost to the City, any permanent or temporary easements that may be necessary for drainage and utilities and side yard setbacks. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. E. 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 improvements. 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. II. CITY IMPROVEMENTS A. There are no Developer installed City Improvements for this project. III. 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 Development Contract shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon completion of Developer's private improvements, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. IV. 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 review of the Subdivision page 2 Marshan Meadows Second Addition Development Contract January 2014 including, but not limited to, the following (See Attachment C for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering 5. Legal 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Boulevard Tree Planting 10. Street - Storm Sewer - Pond Maintenance 11. Sealcoating Fund 12. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional reasonable deposits as required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. V. TRUNK UTILITY & SURFACE WATER MANAGEMENT CHARGES A. Trunk Sewer Unit Charges. The City has established trunk unit charges to uniformly distribute the costs of public trunk sanitary sewer infrastructure. Each individual connection to the sanitary sewer system shall be charged a unit charge per SAC unit (currently at $2,911 per SAC unit). 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. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment B. Trunk Sewer Unit Charges will be collected with the Development Contract for Lot 2, Block 1 of Marshan Meadows Second Addition. page 3 Marshan Meadows Second Addition Development Contract January 2014 B. Trunk Water Unit Charges. The City has established trunk unit charges to uniformly distribute the costs of public trunk water infrastructure. Each individual connection to the water system shall be charged a unit charge per SAC unit (currently at $3,854 per SAC unit). The unit charge shall be based on the procedure outlined in the Metropolitan Environmental Services Service Availability Charge Procedure Manual. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment B. Trunk Water Unit Charges will be collected with the Site Performance Agreement for Lot 2, Block 1 of Marshan Meadows Second Addition. 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 shall pay pursuant to the terms of the development agreement Surface Water Management Charges, based on developable acreage, in the amount specified in Attachment B. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon site plan approval for Lot 2, Block 1 of Marshan Meadows Second Addition. VII. 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. VIII. 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. IX. 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, unless released pursuant to Article IV. page 4 Marshan Meadows Second Addition Development Contract January 2014 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 The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this agreement and all required petitions, bonds, security, and documents including the following: 1. Lot 2, Block 1 of Marshan Meadows Second Addition must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that properties intend to connect to City utilities. 2. Any future easements required for drainage or utilities shall be dedicated by the owner. 3. A development agreement between the City and the developer must be executed prior to the issuance of any building permits for the site. 4. Park dedication and trunk utility fees paid in accordance with the City's fee schedule. 5. The Rice Creek Watershed District approvals of proposed construction are obtained. 6. A boulevard tree shall be provided for Lot 2, Block 1 of Marshan Meadows Second Addition. X. VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. page 5 Marshan Meadows Second Addition Development Contract January 2014 XI. PARK DEDICATION A. The Park dedication fee shall be paid by the Developer to the City for Lot 2, Block 1 of Marshan Meadows Second Addition. XII. PROPERTY TAXES A. Should the recording of the Final Plat occur after July 1, any and all property taxes on any public property dedicated as a part of this plat shall be the responsibility of the Developer. Dollars shall be incorporated into the escrow agreement to cover the cost of said property taxes. ALBERT J. SHOBER CITY OF LINO LAKES By By Mayor SHERRI A. SHOBER ATTEST: By By Clerk page 6 STATE OF MINNESOTA ) ) ss COUNTY OF ANOKA ) On this day of for said County, personally appeared (Clerk), to me of Lino Lakes, and who executed the the same on behalf of said City. Marshan Meadows Second Addition Development Contract January 2014 , 20_, before me, a Notary Public within and (Mayor) and known to be respectively the Mayor and Clerk of the City foregoing instrument and acknowledge that they executed Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF ANOKA ) On this day of , 20, before me, a Notary Public within and for said County, personally appeared Albert J. Shober and Sherri A. Shober, husband and wife, and that they executed the foregoing instrument. Notary Public This instrument drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 550014 page 7 ATTACHMENT B SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Marshan Meadows Second Addition NUMBER OF REU's: 1 APPLICANT: Albert J. and Sherri A. Shober ASSESSED AREA (ac.): 0.46 BUDGET PRIVATE PUBLIC FEE ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (W) IMP. (X) AMOUNT (Z) 1 SITE GRADING Estimate e $0 $0 2 EROSION CONTROL Estimate e $0 3 SITE ENGINEERING & SURVEYING Estimate e $0 4 LANDSCAPING Estimate e $0 5 STREETS A. Turn Lanes Estimate e $0 B. On Site Parking Lot Estimate e $0 B. Pedestrian Trail Estimate e $0 6 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e $0 C. Surface Water Mgmt. $0.135/sf a $0 7 SANITARY SEWER CONST. A. Trunk Unit Charge (REU) $2,911/unit a $2,911 B. Lateral Estimate e $0 C. Trunk Credit Estimate e 8 WATERMAIN CONST. A. Trunk Unit Charge (REU) $3,854/unit a $3,854 B. Lateral Estimate e $0 C. Trunk Credit Estimate e TOTALS: $0 $0 $6,765 See Attachment C for security amounts to be posted NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study ATTACHMENT C CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Marshan Meadows Second Addition APPLICANT: Albert J. and Sherri A. Shober ITEM NECESSARY IMPROVEMENTS 1 PLANNING/REVIEW A. Plat Review Fee B. Planner Review Fee 2 ADMINISTRATION A. Legal B. Administration Fee C. Publications 3 ENGINEERING A. Plan/Plat/Grading Review B. Construction Services C. Construction Staking D. City Engineering 4 DEVELOPMENT FEES A. Park Dedication Fee B. Park Dedication Credit C. Sealcoating Fee D. Aerial Photo Fee 5 BOULEVARD TREE PLANTING 6 DEVLOPMENT SECURITIES A. Tree Preservation B. Street Lighting - installation C. Street Lighting - operation D. Traffic Signing E. Street, Storm Sewer, Pond Maint. SUBTOTAL: Grading Only Escrow Credit TOTALS: NUMBER OF REU's: ASSESSED AREA (ac.): 0.46 BUDGET PRIVATE PUBLIC ESCROW FEE COST NOTE IMP. (W) IMP. (X) AMOUNT (Y) AMOUNT (Z) b b a b b b b b b $2,500/unit d $0.28/SF b 90/unit b $465/tree b 100/unit b $2,500 a $265 $500 a SECURITY AMOUNTS TO BE POSTED W = PRIVATE IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) X = PUBLIC IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) Y = CITY ESCROW COSTS X 1.0 (CASH ESCROW) Z = CITY FEES X 1.0 (CASH FEE) NOTE: a: b: c: d: e: Cost by City policy Estimated Cost or Budget by City Previously Assessed Cash Requirement per Agreement with Park Board Provided by Developer Estimate by Feasibility Study b $0 Att. B $0 $0 $0 $6,765 $0 Att. C $0 $0 $1,615 $2,590 $100 $100 $0 $0 $0 $250 $200 $0 $300 $465 $100 $0 $0 $0 $100 $1,615 $0 $1,615 Total $0 $0 $1,615 $9,355 $2,500 $0 $0 $90 $2,590 $0 $2,590