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:
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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
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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 -
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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.
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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
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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
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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
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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.
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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.
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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