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HomeMy WebLinkAbout2014-074 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-74 RESOLUTION APPROVING THE SITE GRADING DEVELOPMENT CONTRACT FOR SADDLE CLUB WHEREAS, the City Council approved the Development Stage Plan/Preliminary Plat for Saddle Club PUD on February 10, 2014, and WHEREAS, the City has reviewed the final site grading and found it to be consistent with the comprehensive plan, zoning and subdivision ordinance. NOW, THEREFORE BE IT RESOLVED that The City Council of The City of Lino Lakes hereby approves the Site Grading Development Contract between Royal Oaks Realty and the City of Lino Lakes for the Saddle Club PUD and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this 14 day of July, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Stoesz and upon vote being taken thereon, the following voted in favor thereof: Roeser, Kusterman, Rafferty, Stoesz, Reinert The following voted against same: None ATTEST: Ju i. e Bartell, City lerk Jeff Reine r , Mayor CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: July 14, 2014 TOPIC: Saddle Club PUD - Consider Resolution No. 14-74 Approving Site Grading Development Contract VOTE REQUIRED: 3/5 INTRODUCTION The developer has requested that City enter into a final site grading contract for the Saddle Club PUD. BACKGROUND The Saddle Club PUD Development Staging Plan/Preliminary Plat was approved on February 10, 2014 and the Final Plat and Site Grading Plan have been reviewed and approved by staff, and the Planning and Zoning Board. The Final Plat and Development Contract will be presented to Council once the property acquisition and permits for the overall project are obtained. A Site Grading Development Contract was prepared including the fees and securities to cover City review costs and ensure completion of the public and private improvements in accordance with the approved plans. RECOMMENDATION Staff is recommending approval of Resolution No. 14-74 Approving the Site Grading Development Contract for Saddle Club PUD. ATTACHMENTS 1. Resolution No. 14-74 2. Site Grading Development Contract 1 DEVELOPMENT CONTRACT (Site Grading Only) Saddle Club 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 Royal Oaks Realty whose address is 4196 Lexington Ave. Shoreview. Minnesota 55126 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 Saddle Club hereinafter called "Subdivision", as legally described in Attachment A; and WHEREAS, the Developer has requested approval to commence with site grading activities. and WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements; and NOW. THEREFORE, in consideration of the mutual promises of the parties made herein. IT IS AGREED BY AND BETWEEN THE P_ARTI F S HERETO: that the I. DESIGNATION OF IMPROVEMENTS A. Site grading to be completed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements". Development Contract — Site Grading Only Saddle Club July 14, 2014 II. DEVELOPER PLANS A. The subject property shall be graded 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 Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall control. B. The Developer Plans are: 1. Saddle Club PUD Development Stage Plan/Preliminary Plat, dated May 21, 2014, prepared by Plowe Engineering, Inc.: a) Sheet CO-, Title Sheet b) Sheet C1-1 & C 1-2, Grading Drainage & Erosion Control Plan c) Sheet C2, Phasing Plan d) Sheet C3-1 — C3-3, Details e) Sheet C4-1 & C4-2, Stormwater Pollution & Prevention Plan f) Sheet C5-1 — C5-4, Street & Storm Sewer Plan & Profile g) Sheet C6-1 — C6-6, Sanitary Sewer & Watermain Plan & Profile 2. Saddle Club PUD Preliminary Plat, dated May 20, 2014, prepared by E.G. Rud & Sons, Inc. 3. Saddle Club First Addition Conditional Letter of Map Revision Exhibit, dated May 20, 2014, prepared by E.G. Rud & Sons, Inc. 4. Saddle Club Landscape & Planting Plan & Tree Removal Worksheet, dated May 20, 2014, prepared by E.G. Rud & Sons, Inc. III. DEVELOPER'S IMPROVEMENTS A. The Developer Plans shall be approved by the City. The Developer shall secure a contractor to install these improvements; said contractor shall be approved by the City at its ABSOLUTE discretion. All Developer improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: page 2 Development Contract — Site Grading Only Saddle Club July 14, 2014 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. b) The grading plan and all site grading shall be provided and conducted in accordance with the plan as approved by the City. NPDES requirements and the Rice Creek Watershed District. The Developer shall perform the work in accordance with a Stormwater Pollution Prevention Plan in accordance with Minnesota Pollution Control Agency (MPCA) requirements. c) The Developer shall be responsible for securing all required site grading and development approvals and permits from all Federal, State, Regional and Local agencies with jurisdiction or as applicable prior to the commencement of site grading or construction. 2. Erosion Control Plan a) The Developer shall obtain a City approved erosion control plan detailing all erosion control measures. Said plan shall be implemented on site, and approved by the City Environmental Coordinator prior to the commencement of site grading. The erosion control plan shall also be subject to the approval of any other governmental agency having jurisdiction. b) The Developer sh'll obtain a City approved Turf Establishment Plan detailing topsoil placement, seeding, sodding, mulching, fertilizing and watering; prior to the commencement of site grading or construction. 3. Landscape & Planting Plan & Tree Removal Worksheet a) The Developer shall implement tree preservation in accordance with the approved Landscape & Planting Plan & Tree Removal Worksheet prior to any site grading. Said plan includes a delineated preservation area, which shall be in accordance with the City Tree Preservation requirements. The Developer shall provide a cash escrow as security, in the amount specified in Attachment B, to insure implementation of the Tree Preservation requirements. Site grading shall not commence until review of the plan and site has been completed and approved by the City Environmental page 3 Development Contract — Site Grading Only Saddle Club July 14, 2014 Coordinator, and any other governing agency with jurisdiction as required. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation before building permits will be issued. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1. II.A.2, and II.A.3 as listed above, and schedule a preconstruction meeting with the contractor. developer and city. b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved Grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) Erosion control shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development as applicable. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be graded in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. f) When the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. g} The conservation areas and wetland buffer areas shall be protected as detailed in the approved plans. h) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. i) Topsoil removed from wetland buffer areas shall be stock piled in an approved location, protected from contamination with other soils, re - page 4 Development Contract — Site Grading Only Saddle Club July 14, 2014 j) spread within the buffer area to maintain a natural seed environment and restored as directed by the city. Drainage swales, ditches. storm water storage ponds and other high risk erosion areas shall be protected from erosion. k) 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. I) The developer's engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan. The developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvements as proposed. 5. The Developer shall promptly clear dirt and debris, within public right-of- ways, and drainage and utility easements, resulting from construction by the Developer, and its contractors within five (5) days after notification by the City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance including street sweeping. storm sewer cleaning, ditch cleaning and pond dredging, resulting from the accumulation of said dirt and debris. Traffic control per the City Engineer's approval shall be installed to mitigate hauling operations. 6. Other Construction a) In the event that damage to the streets or other City infrastructure result from said improvement work, the Developer shall be responsible for effecting said repairs. or the City shall withhold escrows or deposits as the City deems appropriate and necessary. The Developer shall provide a financial security or cash escrow to assure completion of the grading and restoration, in the event that the work is not completed by the Developer. c) No burning of vegetation cleared during construction shall be allowed. 7. Cost of Developer's Improvements, description and completion dates are as shown on Attachment A. page 5 Development Contract — Site Grading Only Saddle Club July 14, 2014 8. Site Grading and Construction of the Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) 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. d) All Construction debris and trash shall be properly disposed of at the developers expense and in a timely manner as determined by the City. 9. The Developer shall be required to obtain all necessary permits and approvals from all governmental agencies as required. including necessary right-of-way. temporary easements, or permanent easements for the construction. 10. The Developer shall obtain a FEMA Letter of Map Amendment (LOMA) or Letter of Map Revision (LOMR) to revised the existing Flood Plain maps consistent with the proposed grading plan. 11. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the grading and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable page 6 Mats Development Contract — Site Grading Only Saddle Club July 14, 2014 Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit.. or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the fmal acceptance of the Developer's Improvements the City shall require a Performance Bond or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. IV. CITY'S IMPROVEMENTS A. No City improvements are proposed under the grading project. V. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County. Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on 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. VI. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non-interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the plat and the Developer Improvements including. but not limited to, the following (See attachment B for Breakdown of costs): 1. Plat Review Fee ?. Planner Review Fee 3. Administration - 3% Construction Cost page 7 Development Contract — Site Grading Only Saddle Club July 14, 2014 4. Engineering a) Administration 5. Legal - Plat Review 6. Development Fees & Securities 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. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours set out in City Ordinances as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the grading work required by this contract and acceptance by the City, the site improvements shall remain privately owned and maintained. The City of Lino Lakes, in the interest of public safety and welfare shall reserve the right to enter and maintain drainage facilities within the designated drainage and utility easements. An additional development contract shall be prepared agreed between the City and developer that will address subsequent site improvements after site grading is completed. Subsequent improvements shall include but not be limited to streets and utilities. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury. including death, and claims for property damage which may arise out of the Developer's work or the work of his subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no/100 ($500,000.00) Dollars for one person and One Million and no/100 ($1.000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance page 8 L., Development Contract — Site Grading Only Saddle Club July 14, 2014 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, or any portion thereof, including court costs and reasonable engineering and attorneys' fees 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. �. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party_ such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Requirements 1. Engineering review comments of the preliminary and final plat shall be addressed to the City's satisfaction. ?. A development agreement for the Saddle Club PUD is planned for the remaining proposed improvements detailed in the preliminary plat. 3. A Rice Creek Watershed District permit must be obtained prior to site grading. page 9 Development Contract — Site Grading Only Saddle Club July 14, 2014 4. Conservation easements and drainage and utility easements required as part of the site grading improvements, shall be recorded per this site grading agreement or with the final plat. 5. The roadway right of way and easement for the Saddle Club PUD shall be purchased and recorded prior to the approval of the final plat. MII. VIOLATIONS 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. shall use the securities of this agreement to remedy the issue, until such time as such default has been corrected to the satisfaction of the City. XIV. PROPERTY TABS 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 10 Development Contract — Site Grading Only Saddle Club July 14, 2014 DEVELOPER CITY OF LINO LAKES By Developer STATE OF MLNNESOTA ) SS COUNTY OF ANOKA By Mayor ATTEST: By Clerk On this day of , 20_. before me, a Notary Public within and for said County, personally appeared (Mayor) and (Clerk), to me known to be respectively the Mayor and Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA Notary public On this day of , of 20_, before me. a Notary Public within and for said County, personally appeared (Developer), to me known to be the of , a corporation under the laws of the State of Minnesota, and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said corporation. Notary Public page 11 ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Saddle Club NUMBER OF REU's: 55 APPLICANT: Dupont Holdings LLC ASSESSED AREA (ac.): 39.8 5-15-2013 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $273,757 2 EROSION CONTROL Estimate e $0 3 SITE ENGINEERING & SURVEYING Estimate e $27,376 4 LANDSCAPING Estimate e A. Plantings Estimate b B. Wetland Mitigation Estimate e 5 STREETS A. Subgrade/Base Course Estimate e B. Wear Course Estimate e 6 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e C. Surface Water Mgmt. $0.075/sf a 7 SANITARY SEWER CONST. A. Trunk Unit Charge (REU) $2,975/unit a B. Lateral Estimate e C. Trunk Credit Estimate e 8 WATERMAIN CONST. A. Trunk Unit Charge (REU) $3,854/unit a B. Lateral Estimate e C. Trunk Credit Estimate e TOTALS: $301,133 $0 $0 See Attachment B 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 B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Saddle Club NUMBER OF RBIs: 55 APPLICANT: Dupont Holdings LLC ASSESSED AREA (ac.): 39.8 5-15-2013 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) AMOUNT (Y) AMOUNT (Z) 1 PLANNING/REVIEW A. Planner Review $1,500 b $1,500 2 ADMINISTRATION A. Administration/Legal/Publications 3% of const. b $9,030 3 ENGINEERING A. Plan/Plat/Grading Review $2,500 b $2,500 B. Construction Services $5,000 b $5,000 C. Construction Staking $0 b $0 D. City Engineering $7,500 b $7,500 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 5 BOULEVARD TREE PLANTING $465/tree b 6 DEVLOPMENT SECURITIES A. Tree Preservation 95/unit b B. Street Lighting - installation $2,500 a C. Street Lighting - operation $265 D. Traffic Signing $500 a E. Street, Storm Sewer, Pond Maint. b $1,000 SUBTOTAL: $0 $0 $26,530 Grading Only Escrow Credit 30 $0 TOTALS: $0 $26.530 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEVELOPMENT IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $451,700 $0 $451,700 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $0 $0 $0 Z = CITY FEES X 1.0 (CASH ESCROW) $0 $26,530 $26,530 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