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HomeMy WebLinkAbout2007-013 Council OrdinancesCouncil Member Carlson moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 13-07 AN ORDINANCE VACATING THE PERMANENT ROADWAY EASEMENT ON TRACT C OF REGISTERED LAND SURVEY NO. 182 The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1 Findings The City Council makes the following findings regarding the application to vacate a permanent roadway easement: 1. Royal Oaks Realty has requested the City Council to vacate a permanent roadway easement on Tract C of Registered Land Survey No. 182. 2. A public hearing was held on October 8, 2007 before the City Council in the city hall on such request after due published and posted notice had been given, as well as personal notice to affected property owners by the clerk on October 1, 2007 and all persons interested were given an opportunity to be heard; 3. It appears that it will be in the best interest of the city to approve such request Section 2 Such request is hereby granted and that permanent roadway easement described as follows are hereby vacated: An easement 60 feet in width for public right-of-way purposes over, under and across Tract C, Registered Land Survey No. 182, files of the Registrar of Titles, Anoka County, Minnesota. The centerline of said easement is described as follows: Commencing at the southeast corner of Tract B of said Registered Land Survey No. 182; thence on an assumed bearing of South 89 degrees 50 minutes 53 seconds East along the south line of said Tract C, a distance of 30.00 feet to the point of beginning of the centerline to be described; thence North 00 degrees 09 minutes 07 seconds East a distance of 51.37 feet; thence northerly 106.13 feet along a tangential curve concave to the West, with a radium of 300.00 feet and a central angle of 20 degrees 16 minutes 12 seconds; thence North 20 degrees 07 minutes 05 seconds West, tangent to said curve a distance of 192.87 feet, more or less, to the north line of said Tract C, and there terminating. Section 3 That any person, corporation or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 4 This ordinance shall be in force and effect upon its adoption and publication and in accordance with the Lino Lakes City Charter. s : Julianne Bart11, Ca ity Clerk Adopted by the Lino Lakes City Council this 22°a day of October, 2007. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Reinert and upon a vote being taken thereon the followingvoted in favor thereof: Carlson, Reinert, Bergeson, O'Donnell, toltz The following voted against same: _ none Whereupon said ordinance was declared duly passed and adopted. STAFF ORIGINATOR: CC MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 6.A. Paul Bengtson October 22, 2007 Grandview i. Resolution No. 07-171 Authorizing Execution of Development Contract. ii. Resolution No. 07-172 approving a final plat iii. Second Reading of Ordinance No. 13-07, vacating a permanent roadway easement Royal Oaks Realty received approval of a Preliminary Plat for Grandview from the City Council on August 13, 2007. To complete the process, a Final Plat for the project the developer has been submitted. Along with the final plat is the required request to vacate the permanent roadway easement that existed for the extension of Stage Coach Trail. The first reading of Ordinance No. L, 13-07 was completed at the October 8, 2007 City Council meeting. Additionally, accompanying the Final Plat request is a development agreement between the city and the developer. ANALYSIS Development Agreement The City Council approved the preliminary plat of Grandview on August 13, 2007 and authorized execution of a Grading Only Development Agreement on August 13, 2007. Grandview consists of 7 units of residential development and the existing lot. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Agreement for Grandview. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit in the amount of $250,000.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $18,500.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $50,000.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site. The developer has reviewed the contract and is aware of the conditions set forth. L Final Plat The final plat is substantially conforming to the preliminary plat that was approved by the City Council. Title commitments have been forwarded to the city attorney for review and changes have been made to his satisfaction. All conditions of the preliminary plat are being addressed by the development agreement, vacation request, and the conservation easement documents (attached). Executable copies of the conservation easements will be required prior to the signature and release of the final plat mylars. Vacation The proposed right of way included on the final plat is a full dedication that meets all city requirements. Therefore the permanent roadway easement should be vacated to remove an unnecessary encumbrance from the property. A public hearing and first reading of Ordinance No. 13-07 was completed at the October 8, 2007 City Council meeting. RECOMMENDATION Staff is recommending adoption of Resolution No. 07-171 approving the development agreement, Resolution No. 07-172 approving the final plat, and Ordinance No 13-07 vacating a permanent roadway easement. This review is based on the following plans and information: Grandview Conservation Easement Documents received October 11, 2007 Resolution No. 07-171 Resolution No. 07-171 Ordinance No. 13-07 Grandview Development Agreement Grandview Final Plat received October 4, 2007 Conservation Easement Grandview THIS CONSERVTION EASEMENT is made, granted and conveyed this day of , 2007, by Royal Oaks Realty, Inc., a Minnesota corporation, (hereinafter referred to as the "Developer"): 1. The Developer hereby grants and conveys onto the City of Lino Lakes a permanent nonexclusive easement for conservation purposes over, across, through and upon the following described premises (the "Conservation Easement Area") situated in Anoka County, Minnesota to wit: 2. The location of the Conservation Easement Area is described as follows: That part of Lot 1, Block 2, GRANDVIEW, Anoka County, Minnesota lying easterly of a line described as beginning at a point on the south line of said Lot 1 distant 233.61 feet easterly from. the southwest corner of said Lot 1, said south line is assumed to bear North 89 degrees 56 minutes 04 seconds West; thence North 15 degrees 56 minutes 49 seconds West a distance of 41.37 feet; thence WEST 19.17 feet; thence North 37 degrees 30 minutes 38 seconds West a distance of 56.29 feet to a point on the north line of said Lot 1 distant 198.83 feet easterly from the northwest corner of said Lot 1 and said line there terminating. That part of Lot 2, Block 2, GRANDVIEW, Anoka County, Minnesota lying easterly of a line described as beginning at a point on the south line of said Lot 2 distant 232.07 feet easterly from the southwest comer of said Lot 2, said south line is assumed to bear North 89 degrees 56 minutes 04 seconds West; thence North 15 degrees 56 minutes 49 seconds West a distance of 85.52 feet to a point on the north line of said Lot 2 distant 233.61 feet easterly from the northwest corner of said Lot 2 and said line there terminating. That part of Lot 3, Block 2, GRANDVIEW, Anoka County, Minnesota lying easterly of a line described as beginning at a point on the south line of said Lot 3 distant 222.96 feet easterly from the southwest corner of said Lot 3, said south line is assumed to bear North 89 degrees 56 minutes 04 seconds West; thence North 10 degrees 54 minutes 58 seconds West a distance of 85.57 feet to a point on the north line of said Lot 3 distant 232.07 feet easterly from the northwest corner of said Lot 3 and said line there terminating. That part of Lot 4, Block 2, GRANDVIEW, Anoka County, Minnesota lying easterly of a line described as beginning at a point on the south line of said Lot 4 distant 202.40 feet easterly from the southwest corner of said Lot 1, said south line is assumed to bear North 89 degrees 54 minutes 25 seconds East; thence North 07 degrees 02 minutes 29 seconds East a distance of 90.98 feet to a point on the north line of said Lot 4 distant 222.96 feet easterly from the northwest corner of said Lot 1 and said line there terminating. For purposes of this easement, there shall be no mowing, lawn chemicals, disposal of yard wastes, general dumping, development, or improvements within the easement area and that the easement area shall be left in a natural state. This prohibition does not include the placement of a dock into Marshan Lake or access thereto. Conservation area signs shall be placed on each property line at the point of intersection of said property line and the described wetland buffer zone. These signs shall remain in place in perpetuity and may be replaced or changed as needed at the sole discretion of the City of Lino Lakes. ROYAL OAKS REALTY, INC. By: Marcel Eibensteiner Its: President STATE OF MINNESOTA ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2007 by Marcel Eibensteiner, the President of Royal Oaks Realty, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public DRAFTED BY: Royal Oaks Realty, Inc. 1000 County Road E West Suite 150 Shoreview, MN 55126 651-203-2901 DEVELOPMENT CONTRACT Grandview THIS AGREEMENT made this 22nd day of October, 2007, 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 1000 County Road E Suite 150, 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 Grandview hereinafter called "Subdivision", said land is legally described to -wit Lots 1- 4 Block 1 and Lots 1-4 Block 2, Grandview Plat. WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the Subdivision; and WHEREAS, said private improvements include grading, drainage, sanitary sewer, water, and driveway improvements; 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 following final approval and recording of final plat. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: that the Grandview Development Contract October 22, 2007 I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided 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 IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense, a grading plan, street and utility plan, and a surface water management plan. The plans shall be approved by the City of Lino Lakes. 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, and the approval of any other governmental agency having jurisdiction. The Developer shall construct and install at the Developer's expense, the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, 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. 2. Erosion Control Plan a) 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. b) The Developer shall submit a turf establishment plan which 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. 3. 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 and II.A.2 as listed above. 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 page 2 Grandview Development Contract October 22, 2007 unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development 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. The Developer shall attain 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 construction the duration of construction of the Subdivision from start to finish. e) Where 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. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. f) The Developer shall install four (4) inches of topsoil on all boulevards and seed or sod as approved by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil prior to occupancy. g) All disturbed areas shall be sodded or seeded, as designated per the approved plans, immediately upon completion of grading . h) All streets shall be protected 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) No soils shall be imported or exported without City approval. j) All site grading shall be performed in accordance with the requirements of the Rice Creek Watershed District. k) Existing wells and on-site septic systems shall be properly abandoned. 4. Final access drive and driveway grading, subbase, gravel base, bituminous binder course, and concrete curb and gutter shall be furnished and installed. page 3 Grandview Development Contract October 22, 2007 5. Sanitary sewer mains, laterals or extensions, including all necessary building services and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 6. Water mains, laterals or extensions, including all necessary building services, hydrants, valves and other appurtenances shall be furnished and installed. All connections to existing City facilities shall be performed by the Developer, but only upon approval and authorization of the City of Lino Lakes at least 48 hours prior to making actual connection. 7. 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 comer 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. 8. 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, and storm sewer resulting from the accumulation of said dirt and debris, 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. 9. 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. 10. 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 grading or construction and prior to the City awarding construction contracts for public utilities. As previously stated, the Developer shall attain an NPDES page 4 Grandview Development Contract October 22, 2007 Stormwater Permit, and shall adhere to all terms and conditions of the Rice Creek Watershed (RCWD) permit. Any work extending into the right of way of Anoka County shall be subject to the requirements of Anoka County, and the Developer shall be responsible for attaining any permits from the County as may be needed. 11. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted 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 of security arrangements with said utility companies. 12. Cost of Developer Improvements and description are as shown on Attachment A. 13. Construction of 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. 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 expense and in a timely manner as determined by the City. 14. Record Drawings a) Upon completion of construction of roads, sanitary sewer, watermain, storm sewer, facilities, and grading, the developer shall submit two (2) sets of record plans, two (2) electronic copies of record plans in Anoka County NAD 83 Coordinates compatible with the City's computer system, including accurate locations, dimensions, elevations, grades, slopes and all other pertinent information concerning the compete work. page 5 Grandview Development Contract October 22, 2007 b) Also a storm sewer, watermain, and sanitary sewer Excel Spreadsheet must be submitted, which includes all the as -built data. 15. 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 installation and construction of all Developer Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's fmal 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 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. b) 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 Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of page 6 Grandview Development Contract October 22, 2007 the agreement. The amount shall be determined by the City Engineer. III. CITY IMPROVEMENTS A. There are no new City Improvements for this project. 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 by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Park Dedication Fee 8. Tree Preservation Policy 9. Boulevard Tree Planting 10. Street - Storm Sewer - Pond Maintenance 11. Sealcoating Fund 12. Aerial Photo Recovery Cost page 7 Grandview Development Contract October 22, 2007 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. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City. B. The Developer further agrees that Sewer, Water, Storm Sewer, and Bituminous Base Construction of the Streets, temporary street signs, gas, electric, and telephone will be completed prior to the issuance of building permits. C. Model Homes The City agrees that one structure can be installed as a model home upon approval of final plat. The right to obtain such building permits shall be contingent upon the following: 1. Execution of this development contract, providing a Letter of Credit in the amount of $100,000.00 and an escrow amount of $10,000.00. 2. Construction shall be limited to maintain a minimum distance of 150' from the furthest exterior wall to an improved gravel street as per the State Fire Code. The Developer may construct and maintain such access in order to meet said requirements. 3. Prior to release of the building permits for a structure, the builder shall enter into a separate agreement with the City which would 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 would they 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 by the City. This includes all other requirements provided in this agreement D. The Developer further agrees that an as -built survey certifying that all the grading complies with the grading plan prior to issuance of building permits. E. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. page 8 Grandview Development Contract October 22, 2007 VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours 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 work and construction required by this contract and acceptance by the City, the utility and driveway improvements lying within the public easements shall become the property of the Developer, Property Owners, or their heirs and assigns, and shall include all maintenance and operation of all improvements for perpetuity. However, the City of Lino Lakes, in the interest of public health and safety, shall reserves the right to enter said property and maintain facilities upon reasonable notice. Any costs incurred by the City of Lino Lakes to repair and maintain any private facilities shall be billed directly to the property owners. INSURANCE A. Developer or all its subcontractors 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/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 written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. page 9 Grandview Development Contract October 22, 2007 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. XII. 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 Approval 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. All lots in the plat must agree to connect to City utilities. The City will not approve the final plat without legally enforceable assurance that all properties will connect. 2. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. page 10 Grandview Development Contract October 22, 2007 3. A development agreement between the city and the developer must be executed prior to the issuance of any building permits for the site. 4. Park dedication must be paid in accordance with the city's fee schedule. 5. A conservation easement shall be granted over the drainage and utility easement within the lots fronting Marshan Lake. Easement restrictions shall be defined prior to city council approval of the fmal plat. 6. The Rice Creek Watershed District must review the project prior to building permits being issued by the city for any new construction. 7. A boulevard tree shall be provided for each lot frontage. 8. The existing roadway easement shall be vacated by the City Council prior to the approval of the fmal plat. 9. A written agreement from the property owners to the north will be required for the off-site grading. A copy of these agreements must be provided to the City prior to construction. XIII. VIOLATIONSBUIL,DING 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. XIV. PARK DEDICATION A. Park dedication in an amount of $14,525 shall be paid by the Developer to the City. XV. PROPERTY TAXES 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 11 Grandview Development Contract October 22, 2007 DEVELOPER CITY OF LINO LAKES By By Developer Mayor STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA 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 12 ATTACHMENT A SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Grandview NUMBER OF REU's: 7 APPLICANT: Royal Oaks Realty ASSESSED AREA (ac.): 3.67 10-22-2007 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 SITE GRADING Estimate e $0 2 EROSION CONTROL Estimate e $0 3 SITE ENGINEERING & SURVEYING Estimate e $4,000 4 LANDSCAPING Estimate e $0 5 STREET CONST. A. Subgrade/Base Course Estimate e $60,317 B. Wear Course Estimate e $11,942 6 STORM SEWER CONST. A. Trunk Estimate e B. Lateral Estimate e $39,649 C. Surface Water Mgmt. $0.063 a $10,072 7 SANITARY SEWER CONST. C. Trunk Unit Charge (REU) $2,585 $18,095 D. Lateral Estimate e $26,248 �d WATERMAIN CONST. B. Trunk Unit Charge (REU) $3,415 a $23,905 C. Lateral Estimate e $24,782 TOTALS: $166,938 $52,072 $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 DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: GRADNVIEW ATTACHMENT B CITY FEES NUMBER OF REU's: 7 APPLICANT: ROYAL OAKS REALTY ASSESSED AREA (ac.): 3.67 10-22-2007 BUDGET DEVELOPER CITY ESCROW ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z) 1 PLANNING/REVIEW A. Plat Review Fee $1,500 b $1,500 B. Planner Review Fee $1,500 b $1,500 2 ADMINISTRATION A. Legal $1,000 a $1,000 B. Administration Fee 3% of const. b $5,000 C. Publications $1,000 b $1,000 3 ENGINEERING A. Plan/Plat/Grading Review $5,000 b $5,000 B. Construction Services $15,000 b $15,000 C. Construction Staking $0 b $0 D. City Engineering $12,500 b $12,500 4 DEVELOPMENT FEES A. Park Dedication Fee $2075/unit d $14,525 B. Sealcoating Fee $0.28/SF b $2,842 C. Aerial Photo Fee 90/unit b $630 BOULEVARD TREE PLANTING $465/tree b $3,255 6 DEVLOPMENT SECURITIES A. Tree Preservation 95/unit b $665 B. Street Lighting - installation $2,500 a $0 C. Street Lighting - operation $265 $0 D. Traffic Signing $500 a $0 E. Street, Storm Sewer, Pond Maint. b $583 SUBTOTAL: $0 $0 $65,000 Grading Only Escrow Credit $15,000 TOTALS: $50,000 SECURITY AMOUNTS TO BE POSTED Att. A Att. B Total X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) $250,000 $0 $250,000 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $18,500 $0 $18,500 Z = CITY FEE COSTS X 1.0 (CASH ESCROW) $0 $50,000 $50,000 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