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2014-048 Council Resolution
CITY OF LINO LAKES RESOLUTION NO. 14-48 RESOLUTION APPROVING DEVELOPMENT CONTRACT & PLANNED UNIT DEVELOPMENT AGREEMENT FOR NORTHPOINTE WHEREAS, the City Council approved the PUD Final Plan/Final Plat for NorthPointe with Resolution No. 14-47 on June 23, 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 & Planned Unit Development Agreement between Tony Emmerich Construction, Inc. and the City of Lino Lakes for NorthPointe 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 23 day of JUne , 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Roeser, Rafferty, Stoesz, Reinert The following voted against same: none ATTEST: nne Bartell, Cit Cler Jeff Reine , ayor 6S6C-681,E9L ::ed OD6C-680-E9C [iu0ld bKOSS NW ...lel our3'OO1 a3,OS .o oIOdy BK aal.]1.1M1S 1•11,10411vY wpDD uosIJo3 Cj elosauuII,J oun 31NIOdHlliON 213A00 VD£SS NW 'Janopuy MN AeMved uopeaS SLBT S32NydWOD 3ry 6S6L-681,-E9L .xed 006E-68-E9L :auoyd bKOSS NW oul'00t el!OS ''0 ollOdv 9t0 ...WI. • Ow0:1331.rm3 • Tvuawranwu usO Q NW 31NIOdHiNON X3ONI ltlld ATJtlNIWI-138d ',GESS NW '.awopuy MN Ae,OU d uoINNS SLOT S3INtldWO3 3IY 5 6S61-681'-E9L :xej 006L-680-E9L :0004d VTOSS NW 'S0401 Oull 'OOT 01105 'AO OIIOdtl 81,Z O..AaM,re 9./..3,419.3.1runwNOu UID3w ubsl iDD C/ NW '504.1 Ou!l 31NIOdH1tION 1Vld 1SOHD It ld At1VNIWIl3dd 4OESS NW',anopuy MN AeA+lyed uope1S SLOT S3INVdWOD 3CV 6S6L-68b-E9L cxej 006L -681,-£9L :wow bTOSS owl 'OOT a2lnS µ-0 ollodtl 9 Z UIDDDw UOSIJD3 C) e;osauum 'sa)el oun 31NIOdH1LON NYld A1IlIll '8 31IS ANVNIWI13Nd b0£SS NW 'Janopuy MN Aem)ped uope;S scat 53INVdWO 3Elf ri :JP IaSii I tAd XPi 1 \o N 6564-68b-£94 tX 0064-681,-E9L :auoyd b1011 NW 'saw) ou(l '00T WInS ollody 9b0 sNuanans 01•11ua3Nmw. 1,111311.01:11/013 UOSD DO Q) eaosauu!W ta)101 oun 31NIOdH1ZFON Ntlld.U. lIll'8 3lIS AiIVNIWI1311d VOESS NW 'JanopuV MN Aeon)IJed uolaeTS SLBT S3INVdWOJ 31V 3 8F \� N 656C -60P-£91 :xej 006L-68t-E9L :auoyd VT055 NW'0 I 1 our? 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I N I I I I I I Al �_ / S'£Z6 �r.' r► 0'426 I\ ,�[ SyZ tl �GGli 1r (0 4Z6) rr 'MEM Vr (5 4Z6) 'i►1 ,easee, o• , (0 Z6) a[]� s 1 OM 9 S'lf6 a� j. j 0 IS'l[6 1 f l)O j �0 0 1f6 LOM 0 5'0£6 Er �7_©� '%n- vi ry 6v� 01yvi 'tf6, '_11 p31 �� 2 ,1 .ai, m L•" s. ENLARGEMENT SOUT W1E3e,pi•, / oate' MI ' !!.1 ----,--1--- lt I 0 %8C� OM D MO S'1f6, O'l£Bi pI I. •M 'J I (l)OM 0'L£6 +'tf6 ( `� " . Ifb MO 4 • OM 1 II ..1.1.'• .Is 1.� V I r N W ..4 0° S4 .iml° O'4Z6 r (WM) SW6 °y ; WEE (5 4Z6 } i 6 irc` 0; '6) '04Z6 �Sy - _1, V1.a. S OZ6/.'`� V,`� `. v •' Ir) II > -. C I f 14 I N 1 1 1 N e` �•••'• BUFFEF 1 N 1`1 NI 1 N 1 N 1 Yj) 1 Com___ a - �___J 't_S] }>�}� s •1 �IP_� -.."- it tallErYta. �•' -41‘A",1- j' { SSR.wv�L��.r , ,7�.����l*:-Y.Z • a 0-,�aa�sa•.a'Jw•� rw9w0 a i. -w �_ .s • a.�ar� �� - e mss• ---,_ — .._.. _-2'.='.-:.�. 1 mw I ; d w4Yia. :• dry irwraw. -5 o 1 • _ 0 (1101 RE fitly 1 O N ` { 1 h •_ ___ _ __ I •. 1 I \ icy N 1 11 O • I-� • .- o» 1:2..1 re O O 3 r -"�jI it v' i -�I, i o • 3 as ��11„; _N � ` ` ” ��1,,� `__ i pM 0 S"If6 • Ir I ' 1E6 o Z 9 __ NLARGEMENT Il Ateitraii- , cv it, 1 Ce 1- \ -< Cv\ Q 1� I Tfo N �r / DLF.'I f� '� N � all 1 0 0'Z OM I 0 \ If6 I (l)0M p1 ( w 1 w 1 } 1An1ii�� It II - ° ... , , g:11 i,01 `�'; ` ; i S4 0� ,I D4Z6 I/ O'SZ6) S426 $'1 y ( !V m m .. I io M i 11 cf I 4 c v • [n Y `\`\ � .\\ice. �\%I�� /� '• __ • )�; L ►' � V.. w � '���l ���� ►1! � ��1 �r ��• 'ice-��1� �� * a11. ?"4 a. .; 41" 111111114° ,. �� .- ys...1-1v53 'S nN3ny •- PLANT SCHEDULE FOR BOULEVARD TREES 6>, LANDSCAPE =END 66>, LANDSCAPE L8C.1D 0106NLI 1011.24— I=I.om an INN r moor IN..e mos 1m.m w ra Nn M. INNI mow ...-I,N. �- arm ® 'MOW SAW MIN wan Wal !.r w a i1WWI VA,` DW.. mem ■B OM !s IN _ )) ant Net aae. *IPL b W m U..m.' .AW mu MN.! B• w 10 (Olt 0-.. NNW MAW OW MR IS . 0 - 034,4w0 WH[ Y. x'4.46.1 Am .wm, t, ,.../ B0 WNW Ledo[ !A' w 10 I�0 14=424 . 1101151 4 5w DB i!' . 24 wow Wert OM ,�( V`"{) ��f.D\> OW w 0 Lie .whir um m• . a soriWaggnawwr n T Wxe NW •WNmm OW Ww 22' IN 10 ilir4 &44.24 2241! WON xs• w - !]' w PLANT SCHEDULE FOR OPEN AREAS REQUIREMENTS BOULEVARD TREE REO: 1 BLVD TREE PER LOT FRONTAGE = 245 CITY WILL INSTALL BLVD TREES OPEN AREA LANDSCAPE REO. AS HOMES ARE COMPLETED OUTLOT A =242,132 SF; –20,100 SF BELOW NWL;-169,012 WETLAND =53,020 SF OUTLOT A =53,020 SF/2000 SF=27 X 1 TREE = 27 LG TREES OUTLOT A =53.020 SF/2000 SF -27 X 3 SHRUBS – 81 LG SHRUBS OUTLOT C =633.356 SF –58,290 SF BELOW NWL;-199,940 SF WETLANDS; -213,008 SF PARK=162,118 SF OUTLOT C =612,118 SF/2000 =81 X 1 TREE = 81 LG TREES WTI OT C =612 118 SF/7000 =81 X 3 SHRUBS = 743 IG SHRUBS OUTLOT D =30.680 SF –5.130 SF BELOW NWL=25,550 SF OUTLOT D =25.550 SF/2000 =13 X1 TREE = 13 1.0 TREES OUTLOT D=XX.XXX SF/2000 =13 X 3 SHRUBS = 39 1.6 SHRUBS OUTLOT E =14,985 SF/2000 =7 X 1 TREES = 7 LG TREES OUTLOT E =14,985 51/2000 =7 X 3 SHRUBS = 21 LG SHRUBS OUTLOT F =111,889 SF; –10,625 SF BELOW NWL;-39,733 WETLAND =61,531 SF OUTLOT F =61,531 5F/2000 51=33 X 1 TREE = 33 TREES: OUTLOT F =61,531 SF/2000 SF=33 X 3 SHRUBS = 99 SHRUBS: TOTAL TREES TO BE PLANTED IN OPEN AREAS TOTAL SHRUBS TO BE PLANTED IN OPEN AREAS = 128 TREES = 384 SHRUBS LANDSCAPE HCO3 LAN04VAP6 LRCM IMIMIANDOCAP6 0106NLI as IM.m. ow lir sot 1too Imo Ior.M . Mama w Mama mg ler Imo 1=Waammo _ _, air /\ arm ® 'MOW aU 51!10 24012 YVl! !.r w 4 444War.m 4' 4' 464 1,/_ %l� WW1. "m Wore,. me.,..+74 IMO 0a !.0- w )) I¢D�a11e nwm Omew 2424611.3 em MRiin m-• .w..4 .AW mu MN.! r w. w b menu' WO 14115 61/41.. ow—.e n,m. .a! NM r M. - Ifs, Y. x'4.46.1 NORWOOD MMI 2,3 w 1 110a,.Om 1241E ��j A. 02411,. 511.1. Wow wort an I/ ,1) \��/ 0mem .an. wow Wert OM 2.5 w 3 rWm Me Ow rulawnw.J R. WWI WPI[ !.0' ■ ! 001 WNW Mm! Iii.' O.rtm rvM ,I 111154 w0 041 !1' w n M01111r1111 NO D.11 !]' w J.M' ............ IIfO JML ONO t' w 1556. M .Men' mo mat tar Y w 8 0w, WNW. !D' ■ MOW., O 14 maaw. O'R11 OWN !3' . - w40r aunt )♦( M.rew M4MlP1rY WNW l0 00M. .110 MMMINII07 %HOLLY �RN 'dor' urrL wwaao Is W . 74 0 4a W. Aa.. Gold 44114 2.r w - 144* Isla. 041wm Gold dr, 6.2 .P. _4 OWN zr w - 4411 em .11 WM PLANT SCHEDULE FOR BUFFER AREAS REQUIREMENTS 101 LANDSCAPE 210100 IAN0SCAPE LIMES MI= LANDSCAPE 01CRN0 m mr ma Ido. w .¢ w m. Mrs . 246,8, w e r m. r. Wm. a . ',\.: 444War.m 4' 4' 464 I.51X14 WWI Mat !D MI - 1144 1j . I¢D�a11e nwm Omew 2424611.3 em MRiin Rbe 010=0 down. WO 14115 61/41.. 0 M. 110 a 4248 wort ax[ :• Wom '40,..1111' 110a,.Om 1241E 2.5' . - I/ ,1) \��/ 0mem .an. wow Wert OM 2.5 w 3 rWm Me 8Aen Am Nr.. S....' 001 WNW Mm! ZS . 0 ," AO Mn M01111r1111 NO D.11 !]' w 0 1556. M .Men' mo mat tar Y w MOW., 2...M w - 0 *ae e.wu._ w40r aunt ia' w Mn-" — MMMINII07 %HOLLY 1M WM WWI . l/J� 8 pow mtw '4.* WNW Wa000 n 2456 //\�` 0 144* Isla. 041wm Gold 0r Le' w - // 4411 em .11 WM PLANT SCHEDULE FOR REPLACEMENT TREES REQUIREMENTS 1A1232CAP6 L1CRND LANDSCAPE 1201010 . Imam I031 04s. Maga Dmigm 4WD ONO DM MN 11.NM MEIN, LANDSCAPE 180230 --24 _WOMB 4.. ANN mew.m'4Mr' Mil MVO WOW MMB[ a• 7T0 R4... aw.b.w WNW W. w COIN 01 COMMIS eR01 Ra.. assume 5241. e1Av .us OwRrt We W . M. Am .nos, 140.245 .a„ww I1w1A Wee. 314•144 01MA. W1E 0411 10 gem .a.e assn( ND 01114M1 Mm! ID !s• 0 OW .W arm 11.1. 0 Damn Mere m111M1w1 1120 ea 1s „w4 Woe! WY Pao r.t ala so WWI WNW uaM !s lJ BWm. Yam 04.24 maw tower .Nrrwm 21010115 UMW .wa00 00 zr 12 NOTE: ALL REOUIREMENTS ARE MET UNDER CONSERVATION EASMENT IN OUTLOT F. BUFFER TREE REQUIREMENTS 0 20th AVE. BUFFER/SCREEN TREES = 110 SPRUCE LARGE CANOPY TREES 0 50' 0.C.= 21 ORNAMENTAL TREES = 7 (in addition) REPLACEMENT TREE REQUIREMENTS REPLACEMENT TREES REQUIRED =188.25 REPLACEMENT TREES PROVIDED =253 W 0 W x H 5 z z 5 1231510140 3. s. Sam.. 0..:11915 44 L4 / 4 /° L5 W ROOT PLCIMnoo.,.�l. ams CONIFEROUS CONIFEROUS TREE PLANTING DETAIL PLANTING NOTES FOETT410.1 0.1010 [NM R R� RWM rtrtr/ons rt� iMm“m,s.R T Po. MM • COalOMM ME MOM R"T• l "9r iR 4 m,,I SPO �: jeRAv NAASN4.WOO ODOR POR Mott latt Pal 11 0010•10. MOM Pal IIM• MP. 15 01.10 SIOVIMOMJAS P.M 1104 Oa, OM tad Matt 110011411111 .774 Qualm MO So Pa MI. POO SPITIMPIMMI Sat SS 10101001011 MALL Mall Po a Pt 110 Pall la la PROMO" .111.11011 MOM ®SHRUB t CONTAINRR PLANTING MAIL DECIDUOUS TREE PI ANTINC DETAIL SEE SHEET L4 FOR PLANT SCHEDULE & CALCULATIONS NOTES AGRADING i1 COMPLETED WOW TO BY OTHERS AFTER !011511 LANDSCAPE CONTRACTOR SALL NST 111E SITE BEFORE S9N11155 A W 10 FULLY UNDERSTAND 91E CONORONS. LA1E5 011 0 U ME IAYERICANLS D4i0N11000E NURSERY STOCK. AMERICAN ASSOCN TION O NURSERYMEN. ALL TREF TRUNKS SHALL BE SURRWNOU BY A MINIMUM OF 2 FOOT RADIUS MIH J' TMCN "INFIRM) HARDWOOD MULCH L PLANTS MEL BE OIARANTEED FON Nll REPLACEMENT • INIMUM OF AlMOOO•TS) AFTER LEAST TWO FULL 9LALLARON ON SIZE SEASONS IT C CONTRACTOR FEELS 'THERE MAY BE AN CANON. AN�FC5 REW15ED TO CONTACT THE LANDSCAPE PLANE SYMBOLS WOW ARE FC11 LocAnpic THE P FOR PLANTING. SIIS SHORN DO NOT NECESSARILY01)1)0X5 INSTALLATION TION OORR WENNr11AE GROW R Al TATE 01 1;'405uPEF au ePLZIIRw i7AM:°1,1.6'3px EXPENSE N TINE PROPERTY OWNER BEFORE MANTIC TREES AT 51REET, DRIVEWAYS WOULD BBE ra 0 O VEWAY05 ARE NO CLOSER THAN 0 18004CE ADDITIONAL PLANTING NOTES WOW Me OM or POLS PRA TO J. SET PLANT 011 LIPIDISTURISO MVOS Sal OR SO la ROOT OAPS 5 Al OR UP 10 2' /ROW RE APPA NATELTE E OF TI TOP O1 MOOTS, TITER :gra' WO WNW SINGS. PL BHsNa ellar4H ,Gu SO N NNS Ma TOP P 0 MYER TO SUM MINOS Pa 011.1 LA.NDMMflEItS LLL; Atilenclum Metmo 11)2.1,01.570111 S D: 0 z Z 5 z 2 5 6 z WRU D�'1 Z . 1n p a z E I c O o W 0 a'^ c CO a. 0030011. Name, mimeos O'Conmel 1.1,1,21___0 Li.a. 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"8 ,,,30326 r 111213.1.11. fi 2 (r ,a +. ai Zt y .letMs sa@F I ise: m i= sFes`s.l L 4 I. we.BL33.“,-,” .••9 .ey is— "...• cella 1 _ io9 . 3 •• ...,GT •m.w P t/• •••.-- 90TOZ 3.ef.6LWN— I J— I I I DEVELOPMENT CONTRACT & PLANNED UNIT DEVELOPMENT AGREEMENT NorthPointe THIS AGREEMENT made this day of , 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 Tony Emmerich Construction, Inc. whose address is 1875 Station Parkway NW, Andover, MN 55304, hereinafter referred to as the "Developer." WHEREAS, the Developer has received preliminary plat approval from the City Council by Resolution No. 14-21 for a plat of land within the corporate limits of the City known as NorthPointe, hereinafter called "Subdivision," as legally described in Attachment A; and WHEREAS, the Developer requested that the City construct and finance certain improvements to service the Subdivision; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the Subdivision; and WHEREAS, the City Subdivision Ordinance and Minnesota Statute sections 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 the final plat. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: I. DEVELOPER IMPROVEMENTS a. Improvements to be installed by the Developer and financed by the Developer are hereinafter referred to as "Developer Improvements." b. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements." II. DEVELOPER PLANS a. The subject property shall be developed in accordance with the following Developer Plans, original copies of which are on file with the City Engineer. The Developer Plans may be prepared after entering this Agreement but must be completed and approved by the City before commencement of any work on the NorthPointe Development Contract June, 2014 Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall control. b. The Developer Plans are: i. Revised PUD Development Stage Plan/Preliminary Plat, revision date April 28, 2014, prepared by Carlson McCain: 1. Sheet 1, Cover 2. Sheet 2, Existing Conditions 3. Sheet 3, Preliminary Plat Index 4. Sheet 4-8, Preliminary Plat 5. Sheet 9, Ghost Plat`' 6. Sheet 10-1: 1, Preliminary Site & Utility Plans 7. Sheet 12, Grading Index 8. Sheet 13-18, Preliminary Grading & Erosion Control Plans 9. Sheet I9-20, Details 10. Sheet T1 -T8. Tree Preservation Plan 11. Sheet L1-L5, Landscape Plans 1 Sheet Fl, Floodplain Exhibit 13. Sheet Pl, Phasing Plan ii. Grading. Development & Erosion Control Plans, revision date April 28, 2014, prepared by Carlson McCain: 1. Sheet 1, Cover 2. Sheet 2, Grading Index 3. Sheet 3-8, Grading, Development & Erosion Control Plans 4. Sheet 9-10, Details 5. Sheet Tl -T9, Tree Preservation Plan page 2 0400.0 NorthPointe Development Contract June, 2014 iii. Sanitary Sewer, Watermain, Storm Sewer and Street Reconstruction Plans revision date April 24, 2014 prepared by Carlson McCain: 1. Sheet 1, Cover 2. Sheet 2, Index 3. Sheet 3-7, Sanitary Sewer and Watermain 4. Sheet 8-12, Storm Sewer 5. Sheet 13-15, Street Construction 6. Sheet 16-18, Details c. The Developer Plans shall be approved by the City. The Developer shall secure a contractor to install these improvements, which contractor shall be approved by the City in its absolute discretion. All DveIoper Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense the following mnprovements according to the following terms and conditions: i. Grading Plan 1. A final site grading plan, including certified wetland delineations, 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. 2. 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 RCWD. The Developer shall perform the work in accordance with a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota Pollution Control Agency (MPCA) requirements. ii. I [ JJL1 ] Erosion Control Plan page 3 NorthPointe Development Contract June, 2014 1. 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. 2. The Developer shall submit a turf establishment plan that 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. iii. Grading and Erosion Control Construction & Maintenance 1. Prior to the commencement of site grading and erosion control, the Developer shall complete items 11.B.1 and 11.B.2 as listed above. 2. The Developer shall grade the site to within 0/ 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. 3. All improvements 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. 4. Erosion and siltation control measures shall be coordinated with the different stages of development. The Developer shall obtain an NPDES Stormwater Permit prior to engaging in any site grading activities. All terms and conditions of the NPDES permit must be adhered to by the Developer throughout the duration of construction of the Subdivision from start to finish. 5. Where the topsoil is removed, sufficient arable soil shall be set aside for re -spreading 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. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. 6. The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. 7. All disturbed areas shall be sodded or seeded, as designated per the approved Developer Plans, immediately upon completion of grading. page 4 NorthPointe Development Contract June, 2014 8. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility construction. 9. Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be protected from erosion. 10. All grading must be completed prior to issuance of building permits. 11. All streets shall be protected' from erosion deposits. This should include a combination ofroadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping. 12. The Developer's engineer shall certify, in writing with an as -built survey, that all grading complieswith the approved,grading plan prior to issuance of any building permits. 13. The Developer be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and informing with the grading and site improvement as proposed. 14. The Developer ovide financial security and/or cash escrow to assure completion of the grading and restoration, in the event that the work is not completed by the Developer. iv. Final street grading, subbase, gravel base, concrete curb and gutter, and bituminous base course and wear course shall be furnished and installed. v. All homeowners association declarations, covenants, and property and legal requirements as required in the Agreement shall be submitted to the City Attorney for review as required by the City's final plat requirements. vi. Storm sewers, when determined to be necessary by the City Engineer, includg all necessary laterals, catch basins, inlets and other appurtenances, shall be furnished and installed. vii. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances, shall be furnished and installed. viii. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances, shall be furnished and installed. page 5 NorthPointe Development Contract June, 2014 ix. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. Lot corner irons on the back property line shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan. Guard stakes shall be appropriately installed to mark these irons. x. The Developer shall promptly clear dirt and debris within public right-of- ways and drainage and utility easements resulting from construction by the Developer, its purchasers, builders and contractors within five (5) days after notification by the Cid :The Developer or its assigns shall be responsible for all necessity street and storm sewer maintenance, including street sweeping prior to issuance of any Certificates of Occupancy. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on all temporary streets. xi. Street Lighting: Residential street lighting shall beowned by the City. Such street lighting system shall be installed, operated, and maintained by the electric company. City and electric utility company may enter into a contractual agreement on the rate and maintenance of the street lighting system. City shall use escrow funds to pay for street light installation. 2. It shall be the responsibility of the Developer to pay for street hg ng operation charges for the initial 15 months of operation of the stem. xii. The Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, any permanent or temporary easements that may be necessary for the construction and installation of the Developer Improvements. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. xiii. 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 page 6 NorthPointe Development Contract June, 2014 grading or construction and prior to the City awarding construction contracts for public utilities. xiv. The Developer shall submit all gas, telephone, cable TV and electric utility designs 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 o fecurity arrangements with said utility companies. xv. Cost of Developer Improvementsni Attachment B. scription are as shown on xvi. Construction of Developer's Improvements: 1. The construction, installation, materials and equipment shall be in accordance with the Developer Plans and specifications approved by the City. Payment of Developer's Improvements will conform to the Public Improvement Surety agreement entered into between the Developer and 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. Priorto 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 const tion and installation of the Developer and City Improvements as determined by the City. 4. All construction debris and trash shall be properly disposed of at the Developer's expense and in a timely manner as determined by the City. xvii. The Developer shall construct and pay for all improvements as described in the approved landscaping plan. xviii. Record Drawings 1. Upon completion of construction of streets, sanitary sewer, watermain, storm sewer, facilities, and grading, the developer shall submit two (2) sets of record Developer Plans, two (2) electronic copies of record Developer Plans in Anoka County NAD 83 Coordinates compatible with the City's computer system, including page 7 NorthPointe Development Contract June, 2014 accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the completed work. 2. A storm sewer, watermain, and sanitary sewer Excel Spreadsheet must be submitted, which includes all the as -built data such as utility elevations and stationing. xix. Faithful Performance of Construction Contracts and Letter 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 Improvements. Concurrent with the execution hereof by the Developer, the Developer will enter into the Public Improvement Surety Agreement in Attachment D. Ill. RECORDING AND RELEASE a. The Developer agrees that the terms of this velopment Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. City shall provide to Developer upon payment of all the special assessments levied against a parcel, a release of such parcel from the terms and conditions of this Development Contract subject to provisions contained in this contract. IMBURSEMENT 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 Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment C for breakdown of costs): i. Plat Review ii. Planner Review iii. Administration - 3% Construction Cost iv. Engineering v. Legal page 8 NorthPointe Development Contract June, 2014 vi. Publications vii. Street Lighting — Installation Escrow viii. Traffic Signing Improvements ix. Boulevard Tree Planting x. Street - Storm Sewer - Pond Maintenance'. 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 upon notice to the Developer, with suitable documentation supporting charge. c. The Developer agrees to pay the following fees related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment C for breakdown of costs): V. 1'l UNK UTILITY & SURFACE WAFER 1V NAGEMENT CHARGES i. Park Dedication ii. Street Lighting -Op iv. Aerial Photo Trunk Sewer Unit Charges. i. The City 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 $2,975 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. b. Trunk Water Unit Charges. i. The City 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 $3,939 page 9 NorthPointe Development Contract June, 2014 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. c. Surface Water Management Area Charges. i. The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage, in the amount specified in Attachment B. d. Assessment of Charges and Waiver of Rights. i. In consideration of the provision of sewer, water and storm water services, the Developer agrees that the Trunk Sewer Unit Charge, Trunk Water Unit Charge and the Surface Water Management Area Charge (collectively, "the Charges") may be assessed against the Subdivision parcels. The Developer hereby waives any and all procedural and substantive objections to the special assessments, including notice and hearing requirements, any claim that the assessments exceed the benefit to the properties, and any right to appeal. ii. Unless the Developer pays the entire balance owed for the Charges contemporaneously with the execution of the Agreement, the Developer shall provide to the City a cash escrow or irrevocable letter of credit in an amount equal to 35% of the total assessments as estimated by the City Engineer (see Attachment B). The letter of credit shall be in a form, and from a bank, as approved by the City. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. iii. All special assessments shall be payable to the City Clerk in semi-annual installments over 15 years commencing on April 15th of the year after the levy of such assessment and on each September 15th and April 15th thereafter until the entire balance plus accrued interest is paid in full. In the alternative, the City may, at its option, certify the entire assessment roll to the Anoka County Auditor for collection with real estate taxes. iv. Developer, its heirs, successors or assigns, agrees that within 30 days after the issuance of a certificate of occupancy for a residence on a lot located within the Subdivision that is assessed for the cost of the Charges, the Developer, its heirs, successors or assigns, agrees, at its own cost and page 10 NorthPointe Development Contract June, 2014 expense, to pay the entire unpaid Charges assessed or to be assessed under this agreement against such property. v. If a certificate of occupancy is issued before the special assessments have been levied, the Developer, its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such City Improvements that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full Notwithstanding the issuance of said certificate, the Developer shall be liable to the City for any deficiency and the City shall pay the Developer any surplus arising from the payment based upon such estimate. Developer will be paid interest on all assessments paid before the levy of such assessments by the City at the bond interest rates paid by the City. e. Acceleration upon Default. i. In the event the Developer violates any of the covenants, conditions or agreements herein. violates any ordinance, rule or regulation of the City, County of Anoka, State of Minnesota or other governmental entity having jurisdiction over the plat. or fails to pay when due any installment of any special assessment levied pursuant to this agreement, or any interest thereon, the City at its option, in addition to its rights and remedies hereunder. after 10 days written notice to the Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this agreement due and payable in full, with interest. The City may seek ecovery of such special assessments due and payable from the security provided herein. In the event that such security is insufficient to pay the outstanding amount of such special assessments plus accrued interest the City may certify such outstanding special assessments in full to the County Auditor pursuant to Minnesota Statutes section 429.061, subdivision 3, for collectiontthe following year. The City, at its option, may commence legal tion against the Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorney's fees, and Developer shall be liable for such special assessments and, if more than one, such liability shall be joint and several. Also, if Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this agreement the City, at its option, may refuse to issue building permits to any of the properties within the Subdivision on which the assessments have not been paid. VI. BUILDING PERMITS page 11 NorthPointe Development Contract June, 2014 a. Subject to any other requirements in this Agreement, building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security must be in place with the City. b. City Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone must be completed prior to issuance of building permits. c. Model Homes: Four structures may be installed as a model homes upon approval of final plat. The right to obtain such building permits shall be contingent upon the following: i. Construction shall be limited to maintain a mitrlmum distance of 150 feet from the furthest exterior wall to an improved gravel street as per the State Fire Code. The developer may construct and maintain access in order to meet the requirements. ii. Prior to release ttf the building permits for four structures, the builder shall enter into a se ' e agreement with the City that will not allow the building to be occupied after issuance of certificate of occupancy by anyone other than the builder for exhibiting the home for model purposes nor will the builder convey the property to any other third parties by any means until all of the public and private utilities have been installed to serve the building and accepted b} the City. d. An as -built survey certifying that all the grading complies with the grading plan must be submitted to and approved by the City prior to issuance of building permits. VII. HOURS OF CONSTRUCTION ACTIVITY a. All construction activity shall be limited to the hours as follows: i. Monday through Friday 7:00 a.m. to 7:00 p.m. ii. Saturday9:00 a.m. to 5:00 p.m. iii. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS a. Upon completion and City acceptance of the work and construction required by this agreement, the Public Improvements lying within public rights of way or easements shall become City property. IX. INSURANCE page 12 NorthPointe Development Contract June, 2014 a. Developer or its general contractor shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no/I00 ($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 its general contractor 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. X. 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,, 9r, any portion thereof, including court costs andreasonable engineering and attor� +y ees if the City prevails in such action. XI. 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. a. Binding Effect i. 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. b. Notices i. 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 page 13 NorthPointe Development Contract June, 2014 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 i. 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. Public Improvement Surety Agreement must be executed between the Developer and the City. 2. Homeowners Association documents shall be submitted to the City in recordable format including Bylaws and Articles of Incorporation. 3. A Grading Permit application shall be submitted and approved by City Staff prior to any grading or site work. 4. The Rice Creek Watershed District must review and issue a permit for the project prior to building permits being issued by the city for any new construction. X111. LAND USE CONTROLS -PLANNED UST DEVELOPMENT a. NorthPointe is a Planned Unit Development (PUD) as approved by the City Council byOrdinance No. 02-14 and Resolution No. 14-21. The PUD provides the following flexibilities: i. Lot size variations from 5,502 s.f. to 21,923 s.f. (Minimum lot size for R- 2. Two Family Residential District is 7,500 s.f.). ii. Reduced right of way widths for Streets G, H & K from 60 feet to 50 feet. iii. Reduced street pavement width for Streets C (south of Street B). D. E. F. G, H, I, K from 32 feet to 28 feet. iv. Reduced corner lot "side" setback from 25 feet to 20 feet for lots along Street G, H and J. v. Five (5) foot side yard setbacks for 50 foot wide lots. vi. Mixed residential density development of single family and multi -family. page 14 NorthPointe Development Contract June, 2014 vii. Allowance for variation in garage building design standards of the R-2 District requiring: 1. All single family dwellings shall have a minimum double garage. 2. All single family dwellings shall include a front porch that is covered, unenclosed and a minimum of 6 feet in depth. 3. All single family dwelling and garage elevations shall include a variation in exterior building materials such as brick, stone, rock face, concrete block. wood, stucco, vinyl, steel, fiber cement and aluminum siding. 4. Side or rear loaded garages are permitted. The elevation facing the street shall require a minimum of one (1) window. 5. The garage doors shall incorporate architectural design features such as decorative windows, panels, hinges. etc. 6. Garages in excess oftwo stalls shall be broken up so the additional stalls are recessed from the n -lain garage facade. 7. Garage width does not exceed 32 feet. c. The regulations and performance standards of the zoning ordinance and R-2 Two Family Residential District will be in effect unless otherwise stated in this resolution. d. Outlot B of the approved Preliminary Plat shall be developed in a future phase as follows: i. Age -restricted (55+ years of age) multiple family dwelling consistent with the regulations of the R-4, High Density Residential District. ii. Underground parking for 50% of the required stalls. iii. Density of 20 to 25 dwelling units per acre. e. Future development of Outlot B of the approved Preliminary Plat shall require a PUD Final Plan/Final Plat, Development Contract and Site Plan Review. XIV. VIOLATIONS/BUILDING PERMITS a. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XV. PARK DEDICATION page 15 NorthPointe Development Contract June, 2014 a. The City will require a combination of land dedication and cash in lieu of land. Per the approved Phasing Plan, Phases I, II, IV and Outlot B of the approved Preliminary Plat (age -restricted multi -family complex) will pay straight park dedication fees per unit at the time of each final plat. Phase in will dedicate 5.04 acres of parkland, credit trail construction costs and collect any remaining cash balance associated with Phase III. The park land dedication and trail construction is anticipated to occur in 2015. Market value based on 2015 Anoka County Estimated Market Land Values (MKLND) is approximately $23,732 per acre. The developer purchased the property for approximately $26,500 per acre. An agreed upon market value for land dedication is $25.000 per acre. b. The Park Dedication fee for this site is calculated as follows: XVI. PROPERTY TAXES 21 units x $2,500 = $52,500 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. page 16 L., NorthPointe Development Contract June, 2014 DEVELOPER CITY OF LINO LAKES Developer STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) By Mayor ATTEST: By City Clerk On this day of . 2014. before me, a Notary Public within and for said County, personally appeared (Mayor) and (City 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. STATEOF MINNESOTA ) ) ss. COUNTY OF ANOKA On this day of , 20014, before me, a Notary Public within and for said County, personally appeared (Developer), who executed the foregoing instrument. Notary Public This instrument was drafted by: page 17 NorthPointe Development Contract June, 2014 City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 page 18 Th ATTACHMENT A Legal Description for NorthPointe That part of the Southeast Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota, lying westerly of interstate Highway No. 35E. and The Southwest Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota; except the West 60 feet and also except the South 795.00 feet of the West 822.00 feet. and That part of the West 720.00 feet of the Northwest Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota, lying southerly of the north 1130.00 feet. and That part of the Northwest Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota, lying southerly of the north 560.00 feet and easterly of the west 720.00 feet. and That part of the West 205.00 feet of the East 650.00 feet of the North 560.00 feet of the Northwest Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota, lying northwesterly of the Northern States Power Company ownership through said Northwest Quarter of the Northwest Quarter said ownership more particularly described as follows: A strip of land 50 feet in width and being 25 feet in width on each side of a centerline described as follows: Commencing at a point on the north line of said Northwest Quarter, 1592.7 feet east of the northwest corner thereof, running thence South 52 degrees 27 minutes West, 1987.3 feet to a point on the west line of said Section, 1206 feet South of the northwest corner thereof. Subject to County Road 54 on the west and Cedar Street on the north. and ITh The North 530 feet of the South 795 feet of the East 762 feet of the West 822.00 feet of the west 822.00 feet of the Southwest Quarter of the Northwest Quarter of Section 25, Township 31, Range 22, Anoka County, Minnesota. and The westerly 604.18 feet of the Northeast Quarter of the Northwest Quarter of Section 25, Township 31, Range 22, Anoka County, Minnesota. ATTACHMENT B SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: NorthPointe NUMBER OF REU's: 21 APPLICANT: Tony Emmerich Construction, Inc. ASSESSED AREA (ac.): 6.93 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $41,000 2 EROSION CONTROL Estimate e $17,000 3 SITE ENGINEERING & SURVEYING Estimate e $20,000 4 LANDSCAPING Estimate e A. Screening along CSAH 54 & 135E Estimate b $30,000 B. Wetland Mitigation Estimate e $8,500 5 STREETS A. Subgrade/Base Course Estimate e $199,403 B. Wear Course Estimate e $31,612 6 STORM SEWER CONST. A. Trunk Estimate e $0 B. Lateral Estimate e $177,165 C. Surface Water Mgmt. $0.075/sf a $22,640 7 SANITARY SEWER CONST. A. Trunk Unit Charge (REU) $2,975/unit a $62,475 B. Lateral Estimate e $172,574 C. Trunk Credit Estimate e WATERMAIN CONST. A. Trunk Unit Charge (REU) $3,854/unit a $80,934 B. Lateral Estimate e $102,156 C. Trunk Credit Estimate e TOTALS: 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 $799,410 $166,049 $0 6/18/2014 City of Lino Lakes ATTACHMENT C CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: NorthPointe APPLICANT: Tony Emmerich Construction, Inc. ITEM NECESSARY IMPROVEMENTS 1 PLANNING/REVIEW A. Plat Review Fee $1,500 b B. Planner Review Fee $1,500 b 2 ADMINISTRATION A. Legal $1,000 a B. Administration Fee 3% of const. b C. Publications $1,000 b 3 ENGINEERING A. Plan/Plat/Grading Review $5,000 b B. Construction Services $15,000 b C. Construction Staking $0 b D. City Engineering $12,500 b 4 DEVELOPMENT FEES A. Park Dedication Fee $2500/unit d B. Park Dedication Credit C. Sealcoating Fee $0.30/SF b D. Aerial Photo Fee 90/unit b E. AUAR Fee $265/acre a F. Street Lighting - operation $265/light b 5 BOULEVARD TREE PLANTING $465/tree b 6 DEVELOPMENT SECURITIES A. Tree Preservation 95/unit b B. Street Lighting - installation $2,500 a C. Traffic Signing $500 a D. Street, Storm Sewer, Pond Maint. b BUDGET COST NOTE SUBTOTAL: Grading Only Escrow Credit TOTALS: SECURITY AMOUNTS TO BE POSTED X = DEVELOPMENT IMPROVEMENT COSTS X 1.25 (PUBLIC SURETY) Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) Z = CITY FEES X 1.0 (CASH ESCROW) NOTE: a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study NUMBER OF REU's: 21 ASSESSED AREA (ac.): 6.93 DEVELOPER CITY ESCROW IMP. (X) AMOUNT (Y) AMOUNT (Z) $0 $0 $0 $0 Att. C $0 $0 $160,170 Att. B $999,300 $58,200 $0 $1,500 $1,500 $1,000 $28,960 $1,000 $5,000 $15,000 $0 $12,500 $52,500 $9,484 $1,890 $1,836 $795 $17,205 $0 $7,500 $1,500 $1,000 $160,170 $0 $160,170 Total $999,300 $58,200 $160,170 6/18/2014 City of Lino Lakes ATTACHMENT D PUBLIC IMPROVEMENT SURETY AGREEMENT NorthPointe THIS AGREEMENT is entered into on , 2014, by (hereinafter "Escrow Agent"), City of Lino Lakes (hereinafter "City"), and Tony Emmerich Construction, Inc. (hereinafter "Developer"). RECITALS WHEREAS, City and Developer have entered into a Development Contract and Planned Unit Development Agreement dated pursuant to which Developer has agreed to deposit certain funds as identified in Paragraph 2 below in escrow in lieu of a letter of credit; and WHEREAS, Developer agrees to privately construct improvements serving the property legally described on attached Exhibit A; and WHEREAS, City and Developer desire that Escrow Agent disburse the advances and Escrow Agent is willing to do so on the terms and conditions hereinafter set forth yet not providing any title or mechanic lien clearance services; and, WHEREAS, capitalized terms used, and not otherwise defined herein, shall have the meanings set forth in the Development Contract & Planned Unit Development Agreement; and NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, it is agreed between the parties as follows: 1. Developer will deposit escrowed funds in the amount of $999,300.00 with Escrow Agent. 2. The Escrow Agent is authorized and directed to disburse the funds deposited hereunder to Developer to pay the costs of construction of the identified improvements (See Exhibit B) to be constructed on the described real property as such property is identified in the Development Contract & Planned Unit Development Agreement. The number of permissible draws and the fees to be charged therefore is as is set forth herein. 3. Prior to each disbursement of funds by the Escrow Agent to the Developer, the City and Escrow Agent must be furnished with the following items: a. Sworn Construction Statement, setting forth all contractors and material suppliers with whom the Developer has contracted, the amounts of each contract, the amounts paid -to -date, the amounts being requested, and the balances due. L., b. The draw request by the Developer for the requested disbursement. c. Written Approval by the City of the disbursement request, which approval shall (i) not be unreasonably withheld or delayed, and (ii) be provided within ten (10) business days following the date submitted by the Escrow Agent [in accordance with Paragraph 7 below] with confirmation from the Escrow Agent that Developer has provided all of the items required to be submitted under this Paragraph 3. Failure by the City to respond to such request within such 10 business day approval period shall automatically be deemed to be City's approval to same. Escrow Agent may communicate with City electronically relative to these requests. d. Full or partial, up-to-date lien waivers; plus affidavits supporting lien waivers and releases of lien if necessary, in a form satisfactory to Escrow Agent and City. e. A list showing each Contractor/Vendor to be paid from the current Draw Request, the amount of payment, and the category of cost as shown on the Sworn Construction Statement for which such payment are to be made. f. Such other supporting evidence as may be reasonably requested by the City or Escrow Agent to substantiate all payments that are to be made out of the relevant Draw Request and/or to substantiate all payments, then made with respect to the Project. 4. Escrow Agent's charges for all of the escrow services to be provided for pursuant to this Agreement are $150.00 per draw. 5. No draw requests shall be made by Developer while another is pending or in the event the City has declared default under the Development Contract & Planned Unit Development Agreement. 6. At the time of submission of the final Draw Request, which shall not be submitted before completion of the Project, including all landscape requirements, Developer shall submit to City and Escrow Agent, in addition to the requirements listed in Paragraph 3 above the following: a. A written lien waiver from all Contractors for work done and materials furnished for the Project. b. Such other supporting evidence as may be reasonably requested by the City or Escrow Agent to substantiate all payments, which are to be made out of the final Draw Request and/or to substantiate all payments, then made with respect to the Project. 2 c. Satisfactory evidence that all work requiring inspection by Governmental Authorities having jurisdiction, including the City, has been duly inspected and approved by such authorities and that all requisite certificates of occupancy, if applicable, and other approvals have been issued. d. Final Sworn Construction Statement. e. The Developer's general contractor shall submit a 1 year warranty bond, in a form satisfactory to the City Attorney, from the date of Project acceptance and all required IC -134 documents. 7. Not later than five business days following receipt of the documents delivered to it pursuant to the above paragraphs, the Escrow Agent will notify in writing the City as to whether the delivered documents are satisfactory to it. If documents are missing, the Escrow Agent will advise City and Developer. If the documents are supplied to the satisfaction of the City and Escrow Agent, Escrow Agent will within 3 business days transmit to the Developer the amount applied for in the relevant draw request. 8. Developer will pay parties identified in the relevant draw request, the amounts shown therein. Payment will only be made upon receipt of signed lien waivers for the amount requested. 9. The Escrow Agent will keep and maintain books and records in sufficient detail to reflect the disbursements made by it hereunder. City and Developer may, during normal business hours, examine the books and records of Escrow Agent pertaining to the disbursements made by it hereunder. The Escrow Agent shall notify the City and Developer when fund balance is less than $25,000. 10. No liability is assumed by Escrow Agent or City to the Developer or contractors as regards protection against mechanic's lien or title claims. 11. Functions and duties assumed by the Escrow Agent include only those described in this Agreement, and the Escrow Agent is not obligated to act except in accordance with the terms and conditions of this Agreement. Escrow Agent does not insure that the building or construction will be completed, or that the building when completed will be in accordance with the plans and specifications, or that sufficient funds will be available for completion. The funds placed in escrow shall be maintained in a non-interest bearing account 12. Escrow Agent acknowledges receipt of escrowed funds upon execution of this document. 13. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 3 14. This Agreement can be amended or modified only by a written Amendment, written and signed by all of the parties hereto. 15. Escrow Agent shall place all received funds in a FDIC insured account. 16. Prior to the execution of this Agreement, the Escrow Agent shall submit financial statements to the City Attorney for review and approval. 17. If directed by the City in its reasonable business judgment, the Developer shall submit additional security to address change orders or unanticipated Project costs which costs will be reasonably agreed upon by the City and Developer. 18. The parties hereto, agree that each party's legal cost incurred to draft and / or negotiate this Agreement on behalf of such party shall be the sole responsibility of the party incurring same. 19. Time is of the essence as to each provision of this Agreement. 20. All notices required or permitted under this Agreement shall be (i) delivered to the addresses set forth below, and (ii) mailed, delivered or transmitted by one party to the other(s) and such notice shall be deemed given and effective: upon receipt if personally delivered; upon receipt if sent by telecopy or electronic mail; upon receipt or upon the date of first attempted delivery, if sent by certified or registered mail with postage prepaid, return receipt requested, or if sent by Federal Express or other nationally recognized carrier service; or upon receipt if sent in any other way. Any party hereto may from time to time, by written notice to the other parties, designate a different address which shall be substituted for the one specified below. 21. In the event the City declares default under the Development Contract & Planned Unit Development Agreement this Escrow agreement shall terminate and all funds held in escrow shall be remitted to the City for application to obligations specified under the Development Contract & Planned Unit Development Agreement Escrow Agent: City: City of Lino Lakes Attn: Michael Grochala 600 Town Center Parkway Lino Lakes, Minnesota 55014 4 Developer: Tony Emmerich Construction, Inc. C/O Tony Emmerich 1875 Station Parkway NW Andover, Minnesota 55304 22. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same instrument. The delivery of an executed counterpart of this Agreement by facsimile or PDF or similar attachment to an email in accordance with Paragraph 21 above shall constitute effective delivery of such counterpart for all purposes with the same force and effect as the delivery of an original, executed counterpart. 23. All remaining funds, following City review and approval, shall be sent to the Developer in a timely manner. 5 ESCROW AGENT Escrow Agent STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of . 20014, before me, a Notary Public within and for said County, personally appeared (Escrow Agent), who executed the foregoing instrument. Notary Public 6 DEVELOPER CITY OF LINO LAKES Developer STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) By Mayor ATTEST: By City Clerk On this day of , 2014, before me, a Notary Public within and for said County, personally appeared (Mayor) and (City 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 STATE OF MINNESOTA ) ss. COUNTY OF ANOKA On this day of , 20014, before me, a Notary Public within and for said County, personally appeared (Developer), who executed the foregoing instrument. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 7 EXHIBIT A Legal Description for NorthPointe That part of the Southeast Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota, Lying westerly of interstate Highway No. 35E. and The Southwest Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota; except the West 60 feet and also except the South 795.00 feet of the West 822.00 feet. and That part of the West 720.00 feet of the Northwest Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota, lying southerly of the north 1130.00 feet. and That part of the Northwest Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota, lying southerly of the north 560.00 feet and easterly of the west 720.00 feet. and That part of the West 205.00 feet of the East 650.00 feet of the North 560.00 feet of the Northwest Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota, lying northwesterly of the Northern States Power Company ownership through said Northwest Quarter of the Northwest Quarter said ownership more particularly described as follows: A strip of land 50 feet in width and being 25 feet in width on each side of a centerline described as follows: Commencing at a point on the north line of said Northwest Quarter, 1592.7 feet east of the northwest corner thereof, running thence South 52 degrees 27 minutes West, 1987.3 feet to a point on the west line of said Section, 1206 feet South of the northwest corner thereof. Subject to County Road 54 on the west and Cedar Street on the north. and The North 530 feet of the South 795 feet of the East 762 feet of the West 822.00 feet of the west 822.00 feet of the Southwest Quarter of the Northwest Quarter of Section 25, Township 31, Range 22, Anoka County, Minnesota. and The westerly 604.18 feet of the Northeast Quarter of the Northwest Quarter of Section 25, Township 31, Range 22, Anoka County, Minnesota. EXHIBIT B Identified Improvements BUDGET DEVELOPER ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) 1 SITE GRADING Estimate a $41,000 EROSION 2 CONTROL SITE ENGINEERING & 3 SURVEYING 4 LANDSCAPING A. Screening along CSAH 54 & 135E Estimate B. Wetland Mitigation Estimate 5 STREETS A. Subgrade/Base Course Estimate B. Wear Course Estimate 6 STORM SEWER CONST. A. Trunk Estimate e $0 B. Lateral Estimate e $177,165 C. Surface Water Mgmt. $0:075/sf 7 SANITARY SEWER CONST. A. Trunk Unit Charge (REU) $2,975/unit a B. Lateral Estimate e $172,574 C. Trunk Credit Estimate e 8 WATERMAIN CONST_ A. Trunk Unit Charge (REU) $3,854/unit a B. Lateral Estimate e $102,156 C. Trunk Credit Estimate e Estimate Estimate Estimate e $17,000 $20,000 b $30,000 $8,500 $199,403 $31,612 TOTALS: ITEM NECESSARY IMPROVEMENTS 1 SITE GRADING EROSION 2 CONTROL SITE ENGINEERING & 3 SURVEYING 4 LANDSCAPING A. Screening along CSAH 54 & 135E B. Wetland Mitigation $799,410 BUDGET DEVELOPER COST NOTE IMP. (X) Estimate a $41,000 Estimate a $17,000 Estimate a $20,000 Estimate e Estimate b $30,000 Estimate a $8,500 5 STREETS A. Subgrade/Base Course B. Wear Course 6 STORM SEWER CONST. A. Trunk B. Lateral C. Surface Water Mgmt. 7 SANITARY SEWER CONST. A. Trunk Unit Charge (REU) B. Lateral C. Trunk Credit 8 WATERMAIN CONST. A. Trunk Unit Charge (REU) B. Lateral C. Trunk Credit TOTALS: NOTE: a: Cost by City policy Estimate Estimate Estimate Estimate $0.075/sf $2,975/unit Estimate Estimate e e e e a $3,854/unit a Estimate e Estimate $199,403 $31,612 $0 $177,165 $172,574 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 $102,156 $799,410 CITY COUNCIL AGENDA ITEM 6B STAFF. ORIGINATOR: Katie Larsen, City Planner MEETING DATE: June 23, 2014 TOPIC: NorthPointe i. Consider Resolution No. 14-47 Approving the PUD Final Plan/Final Plat ii. Consider Resolution No. 14-48 Approving Development Contract & Planned Unit Development Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the PUD Final Plan/Final Plat and Development Contract & Planned Unit Development Agreement for NorthPointe. Complete Application Date: April 28, 2014 60 -Day Review Deadline: June 13, 2014 120 -Day Review Deadline: August 12, 2014 Environmental Board Meeting: None Park Board Meeting: None Planning & Zoning Board Meeting: May 14, 2014 Tentative City Council Work Session: June 2, 2014 Tentative City Council Meeting: June 23, 2014 BACKGROUND The proposed development is a PUD residential subdivision located northeast of the intersection of Birch Street and 20th Avenue South (CSAH 54). The preliminary plat is 94.09 gross acres and consists of a residential density mix of single family lots and an 88 unit senior multi -family residence. The following is a breakdown of unit development: • 216 Single Family Units (215 new lots + 1 existing home) • 11 Future Single Family Units (future development of existing home) • 88 unit multi -family • 315 TOTAL UNITS The Land Use Application is for the following: • PUD Final Plan/Final Plat for NorthPointe The Planning & Zoning Board Staff Report dated May 14, 2014 precedes this report and is based on the following studies and plan sets received by the City on April 28, 2014: • Revised PUD Development Stage Plan/Preliminary Plat revision date April 28, 2014 prepared by Carlson McCain • Grading, Development & Erosion Control Plans revision date April 28, 2014 prepared by Carlson McCain • Sanitary Sewer, Watermain, Storm Sewer and Street Reconstruction Plans revision date April 24, 2014 prepared by Carlson McCain • Traffic Noise Assessment dated April 25, 2014 prepared by David Braslau Associates, Inc. In March 2014, the City Council approved the rezoning from R, Rural to PUD, Planned Unit Development with Ordinance 02-14 and the PUD Development Stage Plan/Preliminary Plat with Resolution 14-21. The Planning & Zoning Board reviewed and recommended approval of the PUD Final Plan/Final Plat at the May 14, 2014 meeting. Analysis Conformity with the Comprehensive Plan and Zoning Code The PUD Final Plan/Final Plat has been reviewed for compliance with the comprehensive plan, zoning and subdivision ordinance. The proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance. Resolution 14-21 approved the PUD Development Stage Plan/Preliminary Plat with conditions required prior to approval of the PUD Final Plan/Final Plat. The conditions have been satisfied unless otherwise noted in this report. The final plat is consistent with the preliminary plat. Blocks and Lots The final plat for Phase I, NorthPointe creates 21 new lots and 1 lot with an existing home at 2162 Cedar Street for a total of 22 lots. Outlots A through D are also being created for future development, stormwater management and wetland protection areas. 2 Public Land Dedication The City will require a combination of land dedication and cash in lieu of land. Phases I, II, IV and Outlot B (age -restricted multi -family complex) will pay straight park dedication fees per unit at the time of each final plat. Phase III will dedicate 5.04 acres of parkland, credit trail construction costs and collect any remaining cash balance associated with Phase III. The park land dedication and trail construction is anticipated to occur in 2015. Market value based on 2015 Anoka County Estimated Market Land Values (MKLND) is approximately $23,732 per acre. The developer purchased the property for approximately $26,500 per acre. An agreed upon market value for land dedication is $25,000 per acre. Phase I-NorthPointe: 21 lots x $2,500 per lot = S52,500 Noise Study A Traffic Noise Assessment dated April 25, 2014, prepared by David Braslau Associates, Inc. was submitted. Staff consulted with the MPCA and MNDOT noise specialists and had the following comments: 1. The Traffic Noise Assessment applied certain exceptions to the state rules which brought those noise levels that exceeded standards into compliance; however, it is the opinion of both MPCA and MNDOT those exceptions do not apply to this project. Noise standards for nighttime levels along both I -35E and CSAH 54 exceed the limits. 2. Field monitoring data shall be collected to support the traffic modeling data in the study. 3. The developer/consultant shall provide a cost benefit analysis and documentation for avoidance and mitigation efforts. Factors to be considered include increased setbacks, higher berms and noise wall construction. The developer provided additional information regarding cost benefits, additional setbacks and other mitigation efforts. Whereas full compliance with noise standards is certainly a goal of the City, it may not be achievable. The intent of noise mitigation is to minimize the effects of noise to the greatest extent possible but within reasonable costs and measures. The developer and staff agreed to increase the height of the berm with landscaping along I -35E from 12 feet to 15 feet and to construct a continuous minimum 3 foot high berm with landscaping along CSAH 54 to minimize noise in a cost efficient and feasible manner. Development Contract & Planned Unit Development Agreement The City Engineer has prepared the Development Contract which provides for the submittal of fees and securities to cover City review costs and ensure completion of the public and private improvements in accordance with the approved plans. The City Attorney has reviewed and approved the Title Commitment. 3 RECOMMENDATION Staff is recommending approval of the following items with conditions as listed: 1. Resolution No. 14-47 Approving the PUD Final Plan/Final Plat for NorthPointe 2. Resolution No. 14-48 Approving Development Contract & Planned Unit Development Agreement for NorthPointe ATTACHMENTS 1. Resolution No. 14-47 2. PUD Final Plan/Final Plat for NorthPointe 3. Resolution No. 14-48 4. Development Contract and Planned Unit Development Agreement 4