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Home My WebLink About2014-134 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-134 RESOLUTION APPROVING FIRST AMENDMENT TO THE DEVELOPMENT CONTRACT & PLANNED UNIT DEVELOPMENT AGREEMENT FOR SADDLE CLUB WHEREAS, the Developer has requested to commence with the installation of sanitary sewer main along Birch Street and Old Birch Street from Birch Court east approximately 1,300 feet, to the proposed Saddle Club development; and WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements for the Subdivision; and WHEREAS, a financial security of $162,000 is to be submitted in the form of a letter of credit acceptable to the City, that amount being 150% of the estimated cost of improvements ($108,000); 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 BE IT RESOLVED by The City Council of The City of Lino Lakes hereby approves the First Amendment to Development Contract & Planned Unit Development Agreement between DuPont Holdings, LLC and the City of Lino Lakes for Saddle Club 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 10th day of November, 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: Rafferty, SToesz, Roeser, Kusterman, Reinet The following voted against same: none ATTEST: ti i. e Bartell, Cit Cl CITY COUNCIL AGENDA ITEM 6F STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: November 10, 2014 TOPIC: Saddle Club i. Consider Resolution No. 14-134 Approving First Amendment to Development Contract & Planned Unit Development Agreement, Saddle Club VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consider the First Amendment to Development Contract & PUD Agreement for Saddle Club. BACKGROUND The developer desires to install sanitary sewer main along Birch Street and Old Birch Street from Birch Court east approximately 1,300 feet, to the proposed Saddle Club development within the 2014 construction season. RECOMMENDATION Staff is recommending approval of the First Amendment to Development Contract & PUD Agreement for Saddle Club. ATTACHMENTS 1. Resolution No. 14-134 2. First Amendment to Development Contract & Planned Unit Development Agreement Draft 3. Construction Plans FIRST AMENDMENT TO DEVELOPMENT CONTRACT & PLANNED UNIT DEVELOPMENT AGREEMENT Saddle Club This Amendment is entered into on November , 2014, by and between the City of Lino Lakes and DuPont Holdings, LLC, parties to the "Development Contract & Planned Unit Development Agreement" approved by the City Council on August 25, 2014, and attached as Attachment A. RECITALS 1. The Developer requested that it be allowed to commence installation of the sanitary sewer main along Birch Street and Old Birch Street from Birch Court east approximately 1,300 feet, to the proposed Saddle Club development. The remainder of the sewer main work will not occur until 2016. 2. The Developer is responsible for the installation and fmancing of certain private improvements for the Subdivision, including the sewer main. 3. The City Subdivision Ordinance and Minnesota Statute section 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following fmal approval and recording of the fmal plat. AGREEMENT In consideration of the foregoing recitals and other good and valuable consideration, it is agreed between the parties as follows: 1. The Developer may commence installation of the sewer main from Birch Court east to the Saddle Club development prior to, and separate from, installation of the rest of the sewer main and other project improvements. 2. Financial security of $162,000 is to be submitted in the form of a letter of credit acceptable to the City, that amount being 150% of the estimated cost of improvements ($108,000), as set forth in Attachment B. 3. All other terms of the Development Contract & Planned Unit Development Agreement remain unchanged. 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 ) ) COUNTY OF ANOKA ) ss. On this day of , 2014, 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 ATTACHMENT B SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Saddle Club Sanitary APPLICANT: 10/ 29/ 2014 NUMBER OF REU's: NA DuPont Holdings, LLC ASSESSED AREA (ac.): BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate c PER GRADING CONTRACT 2 EROSION CONTROL Estimate b $1,000 3 SITE ENGINEERING & SURVEYING Estimate b $9,000 4 LANDSCAPING Estimate A. Seeding and Sod Estimate b $3,500 B. Wetland Delination-Fox Road Estimate e C. Tree and Shrub Plantings Estimate b 5 STREETS A. Subgrade/Base Course Estimate e $2,500 B. Wear Course Estimate e $2,000 6 STORM SEWER CONST. A. Trunk Estimate e $0 B. Lateral Estimate e C. Surface Water Mgmt. $0.075/sf a $0 7 SANITARY SEWER CONST. A. Trunk Unit Charge (REU) $2,975/unit a $0 B. Lateral Estimate e $90,000 C. Trunk Credit Estimate e 8 WATERMAIN CONST. A. Trunk Unit Charge (REU) $3,939/unit a $0 B. Lateral Estimate e C. Trunk Credit Estimate e NOTE: TOTALS: $108,000 $0 $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: Estimate by Feasibility Study ATTACHMENT C CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Saddle Club NUMBER OF REU's: NA APPLICANT: DuPont Holdings, LLC ASSESSED AREA (ac.): 10/29/2014 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 2 ADMINISTRATION A. Administration/Legal/Publications 3% of const. b $3,240 3 ENGINEERING A. Plan/Plat/Grading Review $5,000 b B. Construction Services $15,000 b $7,500 C. Construction Staking $0 b $0 D. City Engineering $12,500 b $1,500 4 DEVELOPMENT FEES A. Park Dedication Fee $2500/unit d $0 B. Park Dedication Credit C. Sealcoating Fee $0.30/SF b D. Aerial Photo Fee $90/unit b $0 5 BOULEVARD TREE PLANTING $465/tree b 6 DEVLOPMENT SECURITIES A. Tree Preservation $95/unit b $0 B. Street Lighting - installation $2,500 a C. Street Lighting - operation $265 D. Traffic Signing $500 a E. Street, Storm Sewer, Pond Maint. b SUBTOTAL: $0 $0 $12,240 Grading Only Escrow Credit $0 $0 TOTALS: $0 $12,240 SECURITY AMOUNTS TO BE POSTED Att. B Att. C Total X = DEVELOPMENT IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $162,000 $0 $162,000 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $0 $0 $0 Z = CITY FEES X 1.0 (CASH ESCROW) $0 $12,240 $12,240 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 is 01 13 R 31 r1029,y t6YCi JNiwu� rvwat mowrwsrwm x0.040 01= axe 1104201:400 .5.311 ILVO �N 1 I�t nnlarla v"t�nb�Iwr Int9 arm TfF RA 110 ME t t ^/1 '�{ I O"/441. 3AY353Ed 111 a Z s TITLE SHEET, NOTES a LEGEND II--- LI i . 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