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HomeMy WebLinkAbout2014-096 Council ResolutionL CITY OF LINO LAKES RESOLUTION NO. 14-96 RESOLUTION APPROVING DEVELOPMENT CONTRACT FOR TALAN RIDGE WHEREAS, the City Council approved the Final Plat for Talan Ridge with Resolution No. 14- 95 on September 8, 2014; and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development agreement between the Developer and the City of Lino Lakes. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the Development Contract between Avenger Home Solutions Inc. and the City of Lino Lakes for Talan Ridge 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 8th day of September, 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: e Bartell, C DRAFT DEVELOPMENT CONTRACT Talan Ridge 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 Avenger Home Solutions, Inc. whose address is 3128 Priest Lane, Mound, MN 55364, hereinafter referred to as the "Developer." WHEREAS, the Developer has received preliminary plat approval from the City Council by Resolution No. 14-34 for a plat of land within the corporate limits of the City known as Talan Ridge, hereinafter called "Subdivision," as shown in Attachment A and is legally described as: East 290.00 feet of Lots 3 and 4, Block 2 Arthur E. Thom Acres. WHEREAS, the Developer is splitting the above described land into three lots with one existing residence and two additional residence, which will be legally described to -wit. Lot 1, 2 and 3, Block 1, Talan Ridge WHEREAS, service to the subdivision has been previously made; 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 fmanced 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." Talan Ridge Development Contract September, 2014 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 Subject Property. If the plans vary from the written terms of this Agreement, the written terms shall control. b. The Developer Plans are: i. Talan Ridge, dated July 11, 20.1 'epareiy Mattke Surveying and Engineering Inc.: a. Sheet 1, Certifi of Survey b. Sheet 2, Resources hwento c. Sheet ='Iiminary Plat d. Sheet 4, Grading, Drainage androsion Control Plan e. sheet 5, Preliminary Utility Plan Sheet 6, Landscaping Plan g. Sheet 7, Tree Prese The Developer Plans shall be a d by the City. The Developer shall secure a contractor „ stall these improvements, which contractor shall be approved by the City in its •lute discretion. All Developer Improvements shall require City " ection andoval and, where appropriate, the approval of any other goenmental ag having jurisdiction. The Developer shall construct and ins the Deper's expense the improvements according to the following terms a i. ErosiOn Control Construction & Maintenance a. Prior to the commencement of construction the Developer shall schedule a preconstruction meeting with the contractor, developer and city, and submit an erosion control plan. b. The Developer shall obtain an NPDES Stormwater Permit prior to construction. 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. page 2 Tal an Ridge Development Contract September, 2014 c. The wetland buffer areas shall be protected as detailed in the approved plans. d. The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. e. All disturbed areas shall be restored immediately upon completion of construction. f Drainage swales, ditches, storm water storage ponds and other high risk erosion areas shall be irr tected from erosion. g. All grading must be completed prior to issuance of building permits. h. All streets shall be/protected fro n erosion d its. This should include a combination of roadsilt fences, roadside sod strips, catch • inlet protec i 'uconstruction en tr ces, erosion control E met, mulch, an /street sweeping. i. The Deve ey, that to issua , in writing with an as -built e approved grading plan :,permits. eueloper shad be responsible for ascertaining that site eotechnical and dwater conditions are adequate and Fnforming with the acting and site improvement as proposed. The Developer shall provide financial security and/or cash escrow o assu,mpletion of the construction and restoration, in the ent that „work is not completed by the Developer. er shall place iron monuments at all lot and block corners and gle points on boundary lines. Iron monuments shall be lawn grading has been completed in order to preserve the lot ma '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. iii. 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 City. The Developer or its assigns shall be responsible for all necessary street and storm sewer maintenance, including street sweeping, prior to issuance of any Certificates of page 3 Talan Ridge Development Contract September, 2014 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. iv. Landscaping Plan & Tree Preservation Plan a) The Developer shall implement t' preservation in accordance with the approved Landscaping PIan;& Tree Preservation Plan prior to any site grading. Said)P ��# s a delineated preservation area, which shall be in accordance ` the City Tree Preservation � requirements. The ' per shall provide a cash escrow as security, in the amount specified in Attachment"insure implementation of the Tree Preservation requirements Site grading shall not commence until review of the p and site has en completed and approved by the City Enviroptental Coordin e and any other governing agency with jurisdiction as required. b) The Devll..remove, dispose of, or treat all dead and diseased trees -in accordance with the City Forester's mmendatiun before building permits will be issued e Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City an anent or temporary easements that may be necessary for the construction and installation of the Developer lmproN ements. Atl such easements required by the City shall be ini writing, in, recordable form, containing such terms and conditions as the City shall deteunine. i. The Developer shall submit all gas, telephone, cable TV and electric utility designs to i e City for review and approval prior to construction of the prove tn s. Following review and approval by the City, the Developer that all installations comply with applicable City, County and Stated 'gn standards and show proof of security arrangements with said utilityR'companies. vii. Cost of Developer Improvements and description are as shown on Attachment B. viii. Construction of Developer's Improvements: a. The construction, installation, materials and equipment shall be in accordance with the Developer Plans and specifications approved by the City. page 4 Talan Ridge Development Contract September, 2014 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. c. Prior to 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 construction and installation of the Developer and City Improvements as determined by the City. d. 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. ix. The Developer shall construct and pay for all improvements as described in the approved landscaping landscapitir n. x. Record Draw; a. Upon completion of construction of site improvements, and grading, the developer shall submit two (2) sets of record Developer Plans. two (2) electronic copies of record Developer Plans in Anoka CountyN.a.D 83 Coordinates compatible with the City's computer system. including accurate locations, dimensions. elevations, grades. slopes and all other pertinent information concemint,, the completed work. xi. Faithful Performance of Construction Contracts and Surety a. The Deer will fully and faithfully comply with all terms and c ndittonscif any and all contracts entered into by the Developer forthe installation and construction of all Developer Improvements. III. STORMWATER FACILITIES MAINTENANCE a. The stormwater facilities serving the development include drainage swales and a stormwater pond which also serves as an infiltration basin. The City will access the stormwater system via drainage and utilities easements, and inspect the stormwater pond and filtration basin, annually, to preserve storage capacity. The City will also remove vegetation, maintain healthy plant growth and remove excess sediment and debris to ensure that the facilities continue to perform per design. Drainage swales will be inspected for conveyance of surface water to ensure preservation of designed hydraulic capacity. page 5 Talan Ridge Development Contract September, 2014 IV. 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. V. 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 b) 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 Rev ii. Planner Review iii. Administration - ;%o Construction Cost iv. Engineering v. Legal vi. Publications vii. Boulevard Tree Planting viii. Stree 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) page 6 Talan Ridge Development Contract September, 2014 i. Sealcoating ii. Aerial Photo VI. TRUNK UTILITY & SURFACE WATER MANAGEMENT CHARGES a. Trunk Sewer Unit Charges. i. The City established trunk unit charges to iiformly distribute the costs of public trunk sanitary sewer infras 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'unt charge shall be based on the procedure outlined in the Mro olitan Environmental Services Service Availability Charge Proeeduro Manual. Trunk sewer unit charges addressed under this pph are in addition to any SAC charges imposed by Metropolitan Cecil Envmanmental Setwices. An estimate of the total charge and the trunklity lfor developertalled trunk oversizing is pecff ed in Attachment B b. Trunk Water Unit Char i. stablished,trunk unit charges to on ormly distribute the costs of water in tructu ;. Eac pdividual connection to the water ystem shall be charged a uniraharge peg, AC unit (currently at $3,939 r SAC unit) The unit charge shall be based on the procedure outlined in nvironmental Services Service Availability Charge ,,,estima of the total charge and the trunk utility n trunk oversizing is specified in Attachment Proceu anual. credit for developer B. d. Area Charges. blished a trunk area charge to uniformly distribute the costs nk surface water infrastructure and water quality nts. The Surface Water Management Charge shall be based on deve'able acreage, in the amount specified in Attachment B. 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 page 7 Talan Ridge Development Contract September, 2014 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. '1eletter of credit or cash escrow may be used by the City upon defa . `Developer in the payment of special assessments. The cash e ctro ; tter of credit shall remain in place throughout the term of 3 - e special assessments. iii. All special assessments be payable to the City Clerk in semi-annual installments over 15 yemmencing on April 15-th of the year after the levy of such assessment acid each September 15`h and April 15`h 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 truce of a certificate of occupancy for a residence on a lot located division that is assessed forthe cost of the Charges, the eirs, successors or assigns, agrees, at its own cost and the entire unpaid Charges assessed or to be assessed under t, such property. v. Iia certific_of occupancy is issued before the special assessments have been tied, eveloper, its heirs, successors or assigns shall pay the City therm o equal to 120% of the Engineer's estimate of the special asaessmentsor such City Improvements that would be levied against the'' roperty. Upon such payment the City shall issue a certificate owing Al assessments are paid in full. Notwithstanding the issuance of ate, the Developer shall be liable to the City for any deficiency and ; ity 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 page 8 Talan Ridge Development Contract September, 2014 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 recovery 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 asseents plus accrued interest the City may certify such outstanding specil4ssessments in full to the County Auditor pursuant to Minnesota Statutes; section 429.061, subdivision 3, for collection the following year. The City,.: at its option, may commence legal action against the Developer to collect the enti re unpaid balance of the special assessments then . ed or levied pursuant hereto, with interest, including reasonable ar,ey's fees, and Developershall be liable for such special assessments and, ' ore than one, such liahi shall be joint and several. Also, if Developer violates any term or condition of this agreement, orf•erny payment i "" ask by Developer pursuant to this agreement th s ffi its option, refuse to issue building permits to any of the prop tein the Subdivision on which the assessments have not been pai VII. BUILDING PERMITS_.... a. Subject t ny other, quirements in this Agreement, building permits may be issued upon approver of the Final plat by the City Council at which time all •ted Financial Security must bean place with the City. iyz b. An as-biu must be su permits. ing tha the grading complies with the grading plan pproved by the City prior to issuance of building VIII. HOURS OF CONSTRUCTION ACTIVITY a. All con iia activity shall be limited to the hours as follows: i. Monday through Friday 7:00 a.m. to 7:00 p.m. ii. Saturday 9:00 a.m. to 5:00 p.m. iii. Sunday and Holidays No working hours allowed IX. INSURANCE 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. page 9 Talan Ridge Development Contract September, 2014 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 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 »EN SE a. The Developer agrees to reimb e City for all costs i+ d by the City in defense of enforcement of this conn t or any portion thereo ;eluding court costs and reasonable engineering and attorneys' fees if the City pails in such action. XI. VALIDITY XII. a. If a po• motion. subsection. sentence ci e, paragraph or phrase in this contr for any reason held to be invalid b court of competent jurisdiction, such de' L on shall not affect or void any of the other provisions of the Development Contract. iENIERAL Binding Effect The tennnd provisions hereof shall be binding upon and inure to the benefit ofd heirs, representatives, successors and assigns of the parties hereto all be binding upon all future owners of all or any part of the Subdivisran 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 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. page 10 Talan Ridge Development Contract September, 2014 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: a. A Grading Permit application sha se submitted and approved by City Staff prior to any grading e work. b. The Rice Creek Watershedct must review and issue a permit for the project prior to bud g permits being issued by the city for any new construction. XIII. VIOLATIONSBUILDING PERMITS a. In the event that Developer violates -any of the covenants and ements contained in this Development Contracto be performed byt 1 Developer, the City, at its option, in addition to the rand remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the SubdiA sion until such time as such default has been corrected to the satisfaction of the City. �-- XIV. PARK DED a. The Park Dedicati e Talan Ridge development is calculated as follows: 2 units x $ ?ERTY TAXES 00"= $5,000 old 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 ars shall be incorporated into the escrow agreement to cover the cost of said property taxes. page 11 Talan Ridge Development Contract September, 2014 DEVELOPER Developer STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) CITY OF LINO LAKES By Mayor ATTEST: By City Clerk On this day of 4, b for said County, personally appeared (City Clerk), to me known to be respectively the Mayor who executed the foregoing instrument and acknowledge t of said City. me, a Notary Public within and yor) and _Clerk of the City of Lino Lakes, and ey executed the same on behalf STA Notary Public MINNESOTA COUNTY GW _ OKA On this for said County, pers foregoing instrument. day of , 2014, before me, a Notary Public within and (Developer), who executed the Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 page 12 ATTACHMENT A Final Plat Talan Ridge iCeolVa 69.6,1.49 TALA 1 RIDGE 9.01 Wows Let. Ssan City of Lino Lakes County of Anoka Sec. 31, T.31, R. 22 RECE JUL $ 3 2014 McUk su iek igtiNAiirdit lnc. ATTACHMENT B SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Talan Ridge NUMBER OF REU's: APPLICANT: Avenger Home Solutions, Inc. ASSESSED AREA (ac.): 9/4/2014 3 (1 existing) 1.52 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $30,000 2 EROSION CONTROL Estimate e $3,810 3 SITE ENGINEERING & SURVEYING Estimate b $4,141 4 LANDSCAPING Estimate A. Seeding and Sod Estimate e $1,600 B. Wetland Delination Estimate e C. Tree Removal Estimate e $6,000 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 $4,966 7 SANITARY SEWER CONST. A. Trunk Unit Charge (2 REU) $2,975/unit a $5,950 B. Lateral (184') $37/ft b,g $0 $6,808 C. Trunk Credit Estimate e 8 WATERMAIN CONST. A. Trunk Unit Charge (3 REU) $3,939/unit a,f $11,817 B. Lateral (290') $34/ft b $0 $9,860 C. Trunk Credit Estimate e NOTE: TOTALS: $45,551 $39,401 $0 See Attachment C for security amounts to be posted 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: Existing house at 260 Linda is on public sanitary and existing well g: 290' subtract 106' = 184' DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Talan Ridge APPLICANT: Avenger Home Solutions, Inc. ATTACHMENT C CITY FEES NUMBER OF REU's: ASSESSED AREA (ac.): 9/4/2014 3 (1 existing) 1.52 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) AMOUNT (Y) AMOUNT (Z) 1 PLANNING/REVIEW B. Planner Review Fee $1,500 b $1,500 2 ADMINISTRATION A. Administration/Legal/Publications 3% of const. b $2,540 3 ENGINEERING A. Plan/Plat/Grading Review $500 b $500 B. Construction Services $500 b $500 C. Construction Staking $0 b $0 D. City Engineering $1,000 b $1,000 4 DEVELOPMENT FEES A. Park Dedication Fee $2500/unit d $5,000 B. Park Dedication Credit C. Sealcoating Fee $0.30/SF b $2,088 D. Aerial Photo Fee $90/unit b $180 5 BOULEVARD TREE PLANTING $465/tree b $930 6 DEVLOPMENT SECURITIES A. Tree Preservation $95/unit b $190 B. Street Lighting - installation $2,500 a C. Street Lighting - operation $265 D. Traffic Signing $500 a E. Street, Storm Sewer, Pond Maint. b $500 SUBTOTAL: $0 $0 $14,928 Grading Only Escrow Credit $0 $0 $0 TOTALS: $0 $0 $14,928 SECURITY AMOUNTS TO BE POSTED Att. B Att. C Total X = DEVELOPMENT IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $68,400 $0 $68,400 Y = CITY IMPROVEMENT COSTS X 0.35 (CASH ESCROW) $13,800 $0 $13,800 Z = CITY FEES X 1.0 (CASH ESCROW) $0 $14,928 $14,928 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