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HomeMy WebLinkAbout2014-063 Council Resolution• • • mir CITY OF LINO LAKES RESOLUTION NO. 14-63 RESOLUTION APPROVING THE PUD FINAL PLAN/FINAL PLAT FOR SADDLE CLUB WHEREAS, the City has received an application for PUD Final Plan/Final Plat approval for Saddle Club hereafter referred to as "Development" and WHEREAS, City staff has completed a review of the proposed "Development- based on the following plans and information: • Tree Removal Worksheet dated May 20. 2014 prepared by EG Rud & Sons, Inc. • Preliminary Plat dated May 20, 2014 prepared by EG Rud & Sons, Inc. • Landscape Planting Plan dated May 20, 2014 prepared by EG Rud & Sons, Inc. • Final Plat for Saddle Club First Addition received by the City May 21, 2014 prepared by EG Rud & Sons. Inc. • Saddle Club PUD -Final Plans dated May 21. 2014 prepared by Plowe Engineering, Inc. and EG Rud & Sons, Inc. • Wetland Replacement and WMC Plan dated April 11. 2014 prepared by Plowe Engineering, Inc. • Seeding and Signage Plan dated April 11. 2014 prepared by Plowe Engineering, Inc.; and WHEREAS, a public hearing was held before the Planning & Zoning Board on November 13, 2013 and continued to the January 8, 2014 meeting and the Board recommended approval of the PUD Development Stage Plan/Preliminary Plat; and WHEREAS, the City Council approved the rezoning from R, Rural to PUD. Planned Unit Development with Ordinance 01-14 and the PUD Development Stage Plan/PreIiminary Plat with Resolution 14-15; and WHEREAS, Planning & Zoning Board reviewed and recommended approval of the PUD Final Plan/Final Plat at the June 11, 2014 meeting; and WHEREAS, the proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and WHEREAS, the final plat is consistent with the preliminary plat; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the PUD Final Plan/Final Plat for Saddle Club, subject to the following conditions: 1. All comments from City Engineer letter dated June 6, 2014 shall be addressed. 2. All comments from Environmental Coordinator letter dated June 5, 2014 shall be • 1 • addressed. 3. The following executed documents shall be recorded with Anoka County within 90 days of City Council approval of final plat: a. Final Plat b. Development Contract & Planned Unit Development Agreement i. A Development Contract shall be drafted by the City and executed by the City and the developer. c. Conservation Easements i. Conservation Easements shall be approved by RCWD and the City. ii. Conservation easement language shall include allowance for construction of trails. parks, storm water management facilities. etc. d. Deed for Outlots i. Outlots A. D, E and G of Saddle Club First Addition final plat shall be deeded to the City. ii. The developer shall prepare the deed for conveyance of Outlots A, D, E and G to the City. e. Quit Claim Deed from Preserve at Lino Lakes Homeowners Association. Inc. i. An exhibit indicating the area of the easement shall be provided and recorded with the document. ii. The easement document shall include language allowing for trail construction. f. Proposed Roadway Easement to Old Birch Street i. A Quit Claim Deed or other legal recordable document shall be drafted by the City prior to recording. ii. The easement document shall include language allowing for trail and/or sidewalk construction. iii. The existence of the 60 foot Public R/W Easement by Prescription shall be verified by the developer or the Proposed Roadway Easement shall be modified to ensure adequate size and connection to Old Birch Street. 4. The following items shall be submitted to the City prior to issuance of a Grading Permit: a. Revised plans based on staff comments. b. Executed Declaration for Maintenance of Storm Water Facilities. c. NPDES Permit. d. RCWD Permit. e. Securities and Escrows as detailed in the Development Contract. f. Grading Permit Fee of $150. g. A copy of the Conditional Letter of Map Revision (CLOMR) application sent to FEMA. 5. The following item shall be submitted to the City prior to allowance of street and utility construction: a. A Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA). 2 • • • 6. The following items shall be submitted to the City prior to issuance of a Building Permit: a. Revised plans based on staff comments. b. An electronic PDF of the final approved plans. c. Building Permit Fee as determined by the Building Official. d. An as -built survey of the grading. 7. Regarding the overall Transportation Plan: a. By-pass Lane on Birch Street i. The City will coordinate with Anoka County regarding the construction of a by-pass lane on Birch Street. ii. The City will design and bid the by-pass lane. iii. Construction will occur in 2015 which will coincide with home construction. b. Old Birch Street i. A cul de sac on the north end of Old Birch Street will be constructed in conjunction with the by-pass lane project on Birch Street. ii. The east -west section of Old Birch Street will be reconstructed. iii. The north -south section of Old Birch Street will be reconstructed in conjunction with the by-pass lane on Birch Street. c. Future Fox Road and Public Utilities Connection i. The City and developer will continue to work with the Comcast property owner to obtain land or easement in order to extend Fox Road and public utilities to Foxborough. ii. This connection shall be required for Phase Two development. d. Connection to Pheasant Run South -Preserve at Lino Lakes i. Pheasant Run South will be extended west from the Preserve at Lino Lakes to Old Birch Street in Phase One. e. Trail Construction i. The existing trail will be extended north from Foxborough to the Saddle Club property in Phase One. ii. Trail directional signs shall be installed at the connections points at Blackberry Court and Pheasant Run South. iii. The trail will make a full connection to Fox Road, Blackberry Court and the Preserve at Lino Lakes in Phase II. 8. Comments/Revisions to Preliminary Plat. Sheets 5 & 6: a. Under Development Data, the Net Density shall be revised to 2.63 units per acre to reflect the reduced in conservation easement area. b. Lot 1, Block 3 shall be revised so the retaining wall is located entirely within the lot and outside of the standard drainage and utility easement. 9. Comments/Revisions to Landscape and Planting Plan, Sheets 1-3: a. Planting schedule (symbols, quantities, common and botanical names and sizes of plant materials) and Planting Detail shall be included for all tree and shrub plantings. b. On Sheet 3, rename schedule from "Additional Trees" to "Tree Mitigation Trees". • • • 10. Comments/Revisions to Final Plat. Sheets 1-3: a. City of Lino Lakes shall be properly spelled. b. A roadway easement connecting Pheasant Run South from the Saddle Club plat to the Preserve at Lino Lakes plat shall be recorded and the recording document number shall be shown on the final plat. c. The reference to "easement by prescription" on Old Birch Street shall be revised to "traveled centerline of Old Birch Street 66 foot public right of way" as shown on the Sketch and Description exhibit dated July 8, 2014. 11. One full size set of all revised plans shall be submitted to the City. 12. One electronic copy of all revised plans shall be submitted to the City. Adopted by the Council of the City of Lino Lakes this 25th day of August, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member Reser and was duly seconded by Council Member Kusterman and upon vote being taken thereon. the following voted in favor thereof: Roeser, Kusterman, Rafferty, Stoesz, Reinert The following voted against same: none ATTEST: -Jut i r\ne Bartell. City Cler Jeff Reinert, Mayor • CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen. City Planner MEETING DATE: August 25. 2014 TOPIC: Saddle Club i. Consider Resolution No. 14-63 Approving the PUD Final Plan/Final Plat ii. Consider Resolution No. 14-64 Approving Development Contract & Planned Unit Development Agreement iii. Consider Resolution No. 14-92 Approving Maintenance Agreement Stoimwater Management Facilities Between Rice Creek Watershed District and City of Lino Lakes VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of the PUD Final Plan/Final Plat. Development Contract & Planned Unit Development Agreement and Stormwater Maintenance Agreement for Saddle Club. Complete Application Date: May 21. 2014 60 -Day Review Deadline: July 20. 2014 60 -Day Extension Deadline: September 18. 2014 Environmental Board Meeting: None Park Board Meeting: None Planning & Zoning Board Meeting: June 11, 2014 Tentative City Council Work Session: August 25. 2014 Tentative City Council Meeting: August 25, 2014 BACKGROUND PUD Final Plan/Final Plat The applicant has submitted a Land Use Application for a residential subdivision located south of Birch Street off of Old Birch Street. Fifty-five (55) single family lots are proposed on the 39.80 gross acre site. Phase I will plat 28 lots and Phase 1I will plat 27 lots. The Land Use Application is for the following: • PUD Final Plan/Final Plat for Saddle Club In February 2014, the City Council approved the rezoning from R. Rural to PUD, Planned Unit Development with Ordinance No. 01-14 and the PUD Development Stage Plan/Preliminary Plat with Resolution No. 14-15. The Planning & Zoning Board reviewed and recommended approval of the PUD Final Plan/Final Plat at the June 11. 2014 meeting. On July 14. 2014. the City Council approved a Site Grading Development Contract with Resolution No. 14-74. Analysis A full analysis of the PUD Final Plan/Final Plat is detailed in the Planning & Zoning Staff Report dated June 11, 2014. Conformity with the Comprehensive Plan and Zoning Code The PUD Final Plan/Final Plat has been reviewed for compliance with the comprehensive plan. zoning and subdivision ordinance. The proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance. Resolution 14-15 approved the PUD Development Stage Plan/Preliminary Plat with conditions required prior to approval of the PUD Final Plan/Final Plat. The conditions have been satisfied unless otherwise noted in this report. The final plat is consistent with the preliminary plat. Blocks and Lots The final plat for Phase One. Saddle Club creates 28 lots and seven (7) outlots. Outlots A. D. E and G are stormwater management and/or wetland protection -conservation easement areas and shall be deeded to the City as part of the PUD. Outlots B, C and F are for Phase Two development. • • • • r Public Land Dedication The City shall require cash in lieu of land dedication. The trail shall be constructed in Phase One and the costs will be deducted from the park dedication fees. Saddi+ dditiion-PI 28 lots x $2.500 = Trail Construction Costs = 570.000 ($50.440) Cash = S19,560 Final plat of Saddle Club Second Addition -Phase Two shall require cash in lieu of land dedication for 27 lots at the Council approved park dedication fee per lot. Transportation Plan By-pass Lane on Birch Street The City will coordinate with Anoka County regarding the construction of a by-pass lane on Birch Street. The City will design and bid the by-pass lane and the County and developer will finance. Construction will occur in 2015 which will coincide with home construction. Old Birch Street A cul de sac on the north end of Old Birch Street will be constructed in conjunction with the by- pass lane project on Birch Street and will be financed by the developer. The east -west section of Old Birch Street will be designed. reconstructed and financed by the developer. The north -south section of Old Birch Street will be designed and reconstructed by the City in conjunction with the by-pass lane on Birch Street. The City will finance this section through the annual pavement management plan. Future Fox Road and Public Utilities Connection The City and developer continue to work with the Comcast property owner to obtain land or easement in order to extend Fox Road and public utilities to Foxborough. The City Attorney has been working with Comcast's attorney on a license agreement for temporary access to complete a wetland delineation on the southern portion of the property. This wetland delineation is necessary to determine the best alignment of the future road connection. This connection to Fox Road shall be required for Phase Two development. Connection to Pheasant Run South -Preserve at Lino Lakes Pheasant Run South will be extended west from the Preserve at Lino Lakes to Old Birch Street in Phase One. Trail Construction The existing trail will be extended north from Foxborough to the Saddle Club property in Phase One. The trail will make a full connection to Fox Road. Blackberry Court and the Preserve at Lino Lakes in Phase II. Development Contract & Planned Unit Development Agreement The City Engineer has prepared the Development Contract & Planned Unit Development Agreement which provides for the submittal of fees and securities to cover City review costs and ensure completion of the public and private improvements in accordance with the approved plans. Maintenance Agreement-Stormwater Management Facilities The Saddle Club project includes the construction of stormwater facilities. i.e.. catch basins, pipe, and ponds to convey street surface water and provide water treatment prior to entering public waters. The agreement between RCWD and the City requires the City to perform inspections and maintenance on the stormwater facilities. RECOMMENDATION Staff is recommending approval of the following items with conditions as listed: 1. Resolution No. 14-63 Approving the PUD Final Plan/Final Plat 2. Resolution No. 14-64 Approving Development Contract & Planned Unit Development Agreement 3. Resolution No. 14-92 Approving Maintenance Agreement Stormwater Management Facilities Between Rice Creek Watershed District and City of Lino Lakes ATTACHMENTS 1. Resolution No. 14-63 2. PUD Final Plan/Final Plat for Saddle Club 3. Resolution No. 14-64 4. Development Contract and Planned Unit Development Agreement 5. Resolution No. 14-92 6. Maintenance Agreement Stormwater Management Facilities 4 1 • 1 • • • CITY OF LINO LAKES RESOLUTION NO. 14-63 RESOLUTION APPROVING THE PUD FINAL PLAN/FINAL PLAT FOR SADDLE CLUB WHEREAS. the City has received an application for PUD Final Plan/Final Plat approval for Saddle Club hereafter referred to as "Development"; and WHEREAS, City staff has completed a review of the proposed "Development- based on the following plans and information: • Tree Removal Worksheet dated May 20. 2014 prepared by EG Rud & Sons. Inc. • Preliminary Plat dated May 20. 2014 prepared by EG Rud & Sons. Inc. • Landscape Planting Plan dated May 20, 2014 prepared by EG Rud & Sons. Inc. • Final Plat for Saddle Club First Addition received by the City May 21. 2014 prepared by EG Rud & Sons. Inc. • Saddle Club PUD -Final Plans dated May 21. 2014 prepared by Plowe Engineering. Inc. and EG Rud & Sons, Inc. • Wetland Replacement and WMC Plan dated April 11. 2014 prepared by Plowe Engineering. Inc. • Seeding and Signage Plan dated April 11. 2014 prepared by Plowe Engineering, Inc.: and WHEREAS, a public hearing was held before the Planning & Zoning Board on November 13. 2013 and continued to the January 8. 2014 meeting and the Board recommended approval of the PUD Development Stage Plan/Preliminary Plat:: and WHEREAS. the City Council approved the rezoning from R. Rural to PUD. Planned Unit Development with Ordinance 01-14 and the PUD Development Stage Plan/Preliminary Plat with Resolution 14-15: and WHEREAS. Planning & Zoning Board reviewed and recommended approval of the PUD Final Plan/Final Plat at the June 11. 2014 meeting: and WHEREAS, the proposed development is not considered premature and meets the performance standards of the subdivision and zoning ordinance; and WHEREAS, the final plat is consistent with the preliminary plat: and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the PUD Final Plan/Final Plat for Saddle Club. subject to the following conditions: 1. All comments from City Engineer letter dated June 6. 2014 shall be addressed. 2. All comments from Environmental Coordinator letter dated June 5. 2014 shall be addressed. 3. The following executed documents shall be recorded with Anoka County within 90 days of City Council approval of final plat: a. Final Plat b. Development Contract & Planned Unit Development Agreement i. A Development Contract shall be drafted by the City and executed by the City and the developer. c. Conservation Easements i. Conservation Easements shall be approved by RCWD and the City. ii Conservation easement language shall include allowance for construction of trails. parks, storm water management facilities, etc. d. Deed for Outlots i. Outlots A. D. E and G of Saddle Club First Addition final plat shall be deeded to the City. ii. The developer shall prepare the deed for conveyance of Outlots A. D. E and G to the City. e. Quit Claim Deed from Preserve at Lino Lakes Homeowners Association. Inc. i. An exhibit indicating the area of the easement shall be provided and recorded with the document. ii. The easement document shall include language allowing for trail construction. f. Proposed Roadway Easement to Old Birch Street i. A Quit Claim Deed or other legal recordable document shall be drafted by the City prior to recording. ii. The easement document shall include language allowing for trail and/or sidewalk construction. iii. The existence of the 60 foot Public R/W Easement by Prescription shall be verified by the developer or the Proposed Roadway Easement shall be modified to ensure adequate size and connection to Old Birch Street. 4. The following items shall be submitted to the City prior to issuance of a Grading Permit: a. Revised plans based on staff comments. b. Executed Declaration for Maintenance of Storm Water Facilities. c. NPDES Permit. d. RCWD Permit. e. Securities and Escrows as detailed in the Development Contract. f. Grading Permit Fee of $150. g. A copy of the Conditional Letter of Map Revision (CLOMR) application sent to FEMA. 5. The following item shall be submitted to the City prior to allowance of street and utility construction: a. A Conditional Letter of Map Revision (CLOMR) from the Federal Emergency Management Agency (FEMA). 7 • • • • • • 6. The following items shall be submitted to the City prior to issuance of a Building Permit: a. Revised plans based on staff comments. b. An electronic PDF of the final approved plans. c. Building Permit Fee as determined by the Building Official. d. An as -built survey of the grading. 7. Regarding the overall Transportation Plan: a. By-pass Lane on Birch Street i. The City will coordinate with Anoka County regarding the construction of a by-pass lane on Birch Street. ii. The City will design and bid the by-pass lane. iii. Construction will occur in 2015 which will coincide with home construction. b. Old Birch Street i. A cul de sac on the north end of Old Birch Street will be constructed in conjunction with the by-pass lane project on Birch Street. ii. The east -west section of Old Birch Street will be reconstructed. iii. The north -south section of Old Birch Street will be reconstructed in conjunction with the by-pass lane on Birch Street. c. Future Fox Road and Public Utilities Connection i. The Citv and developer will continue to work with the Comcast property owner to obtain land or easement in order to extend Fox Road and public utilities to Foxborough. ii. This connection shall be required for Phase Two development. d. Connection to Pheasant Run South -Preserve at Lino Lakes i. Pheasant Run South will be extended west from the Preserve at Lino Lakes to Old Birch Street in Phase One. e. Trail Construction i. The existing trail will be extended north from Foxborough to the Saddle Club property in Phase One. ii. Trail directional signs shall be installed at the connections points at Blackberry Court and Pheasant Run South. iii. The trail will make a full connection to Fox Road. Blackberry Court and the Preserve at Lino Lakes in Phase II. 8. Comments/Revisions to Preliminary Plat. Sheets 5 & 6: a. Under Development Data. the Net Density shall be revised to 2.63 units per acre to reflect the reduced in conservation easement area. b. Lot 1. Block 3 shall be revised so the retaining wall is located entirely within the lot and outside of the standard drainage and utility easement. 9. Comments/Revisions to Landscape and Planting Plan. Sheets 1-3: a. Planting schedule (symbols. quantities. common and botanical names and sizes of plant materials) and Planting Detail shall be included for all tree and shrub plantings. b. On Sheet 3. rename schedule from "Additional Trees" to ``Tree Mitigation Trees-. 10. Comments/Revisions to Final Plat. Sheets 1-3: a. City of Lino Lakes shall be properly spelled. b. A roadway easement connecting Pheasant Run South from the Saddle Club plat to the Preserve at Lino Lakes plat shall be recorded and the recording document number shall be shown on the final plat. c. The reference to `'easement by prescription- on Old Birch Street shall be revised to "traveled centerline of Old Birch Street 66 foot public right of way" as shown on the Sketch and Description exhibit dated July 8. 2014. 11. One full size set of all revised plans shall be submitted to the City. 12. One electronic copy of all revised plans shall be submitted to the City. Adopted by the Council of the City of Lino Lakes this 25th day of August, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member upon vote being taken thereon. the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk 4 and Jeff Reinert. Mayor • • • • • • CITY OF LINO LAKES RESOLUTION NO. 14-64 RESOLUTION APPROVING DEVELOPMENT CONTRACT & PLANNED UNIT DEVELOPMENT AGREEMENT FOR SADDLE CLUB WHEREAS, the City Council approved the PUD Final Plan/Final Plat for Saddle Club with Resolution No. 14-63 on August 25. 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 & 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 25th day of August. 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon. the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell. City Clerk Jeff Reinert. Mayor DRAFT DEVELOPMENT CONTRACT & PLANNED UNIT DEVELOPMENT AGREEMENT 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 DuPont Holdings. LLC whose address is 1000 County Road E West. Suite 150. Shoreview, MN 55126. hereinafter referred to as the 'Developer." WHEREAS. the Developer has received preliminary plat approval from the City Council by Resolution No. 14-15 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 development stage is Saddle Club First Addition. WHEREAS, the Developer requested a Site Grading Development Contract to complete site grading prior to the Final Plat of Saddle Club First Addition; and WHEREAS. the City Council approved the Site Grading Development Contract by Resolution No. 14-74: 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 financed by the Developer are hereinafter referred to as "Developer Improvements." • • • • Saddle Club Development Contract August 25. 2014 b. Improvements to be installed by the City and financed by the Developer are hereinafter referred to as `'City Improvements." 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 terns of this Agreement the written terms shall control. b. The Developer Plans are: i. Saddle Club First Addition, dated May 21. 2014, prepared by Plowe Engineering Inc.: a. Sheet CO Title Sheet b. Sheet C1-1 & C1-2, Grading Drainage & Erosion Control Plan Sheet C2. Phasing Plan d. Sheet C3-1 — C3-3 Details . Sheet C4-1 & C4-2, Stormwater Pollution & Prevention Plan Sheet C5-1 - C5-4, Street & Storm Sewer Plan & Profile Sheet C6-1 — C6-6. Sanitary Sewer & Watermain Plan & Profile ii. Saddle Club PUD Preliminary Plat, dated May 20. 2014. prepared by E.G. Rud & Sons, Inc. iii. Saddle Club First Addition Conditional Letter of Map Revision Exhibit, dated May 20. 2014. prepared by E.G. Rud & Sons. Inc. iv. Saddle Club Landscape & Planting Plan & Tree Removal Worksheet. dated May 20. 2014, prepared by E.G. Rud & Sons, Inc. c. The Developer Plans shall be approved by the City. The Developer shall secure a contractor to install these improvements, which contractor shall be approved by the City in 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 shall construct and install at the Developer's expense the improvements according to the following terms and conditions: page 2 Saddle Club Development Contract August 25. 2014 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 fromstart to finish. c. The conservation areas and 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. The street right-of-way, storm water storage ponds, and surface water drainage ways shall be graded prior to commencement of utility constructions Drainage swales. ditchesstorm water storage ponds and other high risk erosion areas shall be protected from erosion. h. All grading must be completed prior to issuance of building permits. All streets shall be protected from erosion deposits. This should include a combination of roadside silt fences, roadside sod strips, catch basin inlet protection, rock construction entrances. erosion control blanket. mulch, and/or street sweeping. j. The Developer's engineer shall certify, in writing with an as -built survey. that all grading complies with the approved grading plan prior to issuance of any building permits. k. The Developer shall be responsible for ascertaining that site geotechnical and groundwater conditions are adequate and conforming with the grading and site improvement as proposed. page 3 • • • • Saddle Club Development Contract August 25. 2014 1. The Developer shall provide financial security and/or cash escrow to assure completion of the construction and restoration. in the event that the work is not completed by the Developer. ii. Final street grading. subbase. gravel base. concrete curb and gutter, and bituminous base course and wear course shall be furnished and installed. iii. All homeowners association declarations. covenants. and property and legal requirements as required in the Agreement shall be submitted to the City Attorney for review as required by the City's final plat requirements. iv. Storm sewers. when determined to be necessary by the City Engineer. including all necessary laterals, catch basins, inlets and other appurtenances. shall be furnished and installed. v. Sanitary sewer mains. laterals or extensions, including all necessary building services and other appurtenances. shall be furnished and installed. vi. Water mains. iaterals or extensions, including all necessary building services, hydrants, valves and other appurtenances. shall be furnished and installed. vii. 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 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. viii. 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 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. ix. Landscape & Planting Plan & Tree Removal Worksheet page 4 Saddle Club Development Contract August 25. 2014 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 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 x. Street Lighting: a. Residential street lighting shall be owned by the City. Such street lighting system shall be installed, operated, and maintained by the electric company. City'and electric utility company may enter into nt a coractual agreement on the rate and maintenance of the street lighting system_ City shall use escrow funds to pay for street light installation. It shall be the responsibility of the Developer to pay for street lighting operation charges for the initial 15 months of operation of the system. xi. 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. xii. The Developer shall be responsible for securing a Conditional Letter of Map Revision from the Federal Emergency Management Agency CLOMAR-F for the change in base flood elevations within the development. xiii. The Developer shall be responsible for obtaining wetland banking credits for the development project in coordination with the watershed and city. page 5 • 1 • • Saddle Club Development Contract August 25. 2014 xiv. The Developer shall submit all gas, telephone. cable TV and electric utility designs 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. xv. Cost of Developer Improvements and description are as shown on Attachment B. xvi. 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. Payment of Developer's Improvements will conform to the Public Improvement Surety Agreement entered into between the Developer and 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. 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. The Developer shall construct and pay for all improvements as described in the approved landscape and planting plan. Record Drawings a. Upon completion of construction of streets, sanitary sewer, watermain, storm sewer, facilities, and grading, the developer shall submit two (2) sets of record Developer Plans, two (2) electronic copies of record Developer 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 completed work. page 6 Saddle Club Development Contract August 25, 2014 b. A storm sewer. watermain, and sanitary sewer Excel Spreadsheet must be submitted, which includes all the as -built data such as utility elevations and stationing. xix. Faithful Performance of Construction Contracts and Surety a. 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. Concurrent with the execution hereof by the Developer. the Developer will enter into the Public Improvement Surety Agreement in Attachment D. .. III. 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. IV. REIMBURSEMENTOF COSTS 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 C for breakdown of costs): i. Plat Revie' ii. Planner Review iii. Administration - 3% Construction Cost iv. Engineering v. Legal vi. Publications vii. Street Lighting — Installation Escrow page 7 1 • 1 1 • Saddle Club Development Contract August 25. 2014 viii. Traffic Signing Improvements ix. Boulevard Tree Planting x. Street - 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):' i. Park Dedication ii. Street Lighting -Operation iii. Sealcoating iv. Aerial Photo V. TRUNK UTILITY & SURFACE WATER MANAGEMENT CHARGES a. Trunk Sewer Unit Charges. The City established trunk unit charges to uniformly distribute the costs of public trunk sanitar) sewer infrastructure. Each individual connection to the sanitary sewer system shall be charged a unit charge per SAC unit (currently at 52,975 per SAC unit). The unit charge shall be based on the procedure outlined in the Metropolitan Environmental Services Service AvailabilityCharge Procedure Manual. Trunk sewer unit charges addressed under this paragraph are in addition to any SAC charges imposed by Metropolitan Council Environmental Services. An estimate of the total charge and the trunk utility credit for developer installed trunk oversizing is specified in Attachment B. b. Trunk Water Unit Charges. i. The City established trunk unit charges to uniformly distribute the costs of public trunk water infrastructure. Each individual connection to the water system shall be charged a unit charge per SAC unit (currently at $3.939 per SAC unit). The unit charge shall be based on the procedure outlined in the Metropolitan Environmental Services Service Availability Charge Procedure Manual. An estimate of the total charge and the trunk utility page 8 Saddle Club Development Contract August 25. 2014 credit for developer installed trunk oversizing is specified in Attachment B. c. Surface Water Management Area Charges. i. The City established a trunk area charge to uniformly distribute the costs of public trunk surface water infrastructure and water quality improvements. The Surface Water Management Charge shall be based on developable acreage. in the amount specified in Attachment B. d. 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 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 theCity. The letter of credit or cash escrow may be used by the City upon default by Developer in the payment of special assessments. The cash escrow or letter of credit shall remain in place throughout the term of the special assessments. . All special assessments shall be payable to the City Clerk in semi-annual installments over 15 years commencing on April 15th of the year after the levy of such assessment and on each September 15th and April 15th 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 the issuance of a certificate of occupancy for a residence on a lot located within the Subdivision that is assessed for the cost of the Charges, the Developer. its heirs. successors or assigns, agrees, at its own cost and expense, to pay the entire unpaid Charges assessed or to be assessed under this agreement against such property. page 9 • 1 r • • Saddle Club Development Contract August 25, 2014 v. If a certificate of occupancy is issued before the special assessments have been Levied. the Developer. its heirs, successors or assigns shall pay the City the sum of cash equal to 120% of the Engineer's estimate of the special assessments for such City Improvements that would be levied against the property. Upon such payment the City shall issue a certificate showing the assessments are paid in full. Notwithstanding the issuance of said certificate. the Developer shall be liable to the City for any deficiency and the City 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 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 recover) 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 assessments plus accrued interest the City may certify such outstanding special assessments 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 entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest. including reasonable attorney's fees, and Developer shall be liable for such special assessments and. if more than one, such Iiability shall be joint and several. Also. if Developer violates any term or condition of this agreement, or if any payment is not made by Developer pursuant to this agreement the City. at its option, may refuse to issue building permits to any of the properties within the Subdivision on which the assessments have not been paid. VI. BUILDING PERMITS a. Subject to any other requirements in this Agreement, building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security must be in place with the City. page 10 Saddle Club Development Contract August 25, 2014 b. City Sewer. Water. Storm Sewer. and Bituminous Base Construction of the Streets. temporary street signs. gas, electric, and telephone must be completed prior to issuance of building permits. c. An as -built survey certifying that all the grading complies with the grading plan must be submitted to and approved by the City prior to issuance of building permits. d. A Letter of Map Revision from the Federal Emergency Management Agency , and wetland banking credits shall be obtained prior to the issuance of building permits. VII. HOURS OF CONSTRUCTION ACTIVITY a. All construction 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 VIII. OWNERSHIP OF IMPROVEMENTS a. Upon completion and City acceptance ofthe work and construction required by this agreement, the Public Improvements lying within public rights of way or easements shall become City property. IX. INSURANCE . 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. Limits forbodily 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. page 11 • • • • • • Saddle Club Development Contract August 25, 2014 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. X1. 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 i. The terms and provisions hereof shall be binding upon and inure 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 i. Whenever in this agreement itshall 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 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. Public Improvement Surety Agreement must be executed between the Developer and the City. b. Homeowners Association documents shall be submitted to the City in recordable format including Bylaws and Articles of Incorporation. page 12 Saddle Club Development Contract August 25, 2014 c. A Grading Permit application shall be submitted and approved by City Staff prior to any grading or site work. d. The Rice Creek Watershed District must review and issue a permit for the project prior to building permits being issued by the city for any new construction. e. Conservation easements dedicated over wetland protection areas via an Easement agreement. This document shall be approved by RCWD and the City and recorded against the property and recorded. XIII. LAND USE CONTROLS -PLANNED UNIT DEVELOPMENT a. Saddle Club is a Planned Unit Development (PUD) as approved by the City Council by Ordinance No. 02-14 and Resolution No. 14-15. b. The PUD provides the following flexibilities: i. Minimum lot size (contiguous buildable area) of less than standard 10.800 square feet. ii. Reduced front and rear yard setback from 30 feet to 25 feet, iii. Reduced road right of way from 60 feet to 50 feet. iv. Reduced street width from 32 feet to 28 feet- and XIV. VIOLATIONSBUILDING 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, inaddition 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. XV. PARK DEDICATION a. The City will require a combination of park improvements and cash in lieu of land dedication. b. The cost of the park improvements to be installed by the developer for a boardwalk and trail is $50,436. c. The Park Dedication fee for phase one of Saddle Club development is calculated as follows: page 13 • 1 1 • • • Saddle Club Development Contract August 25. 2014 28 units x $2.500 = $70.000 $70.000 - $50,436 = $19.564 (cash escrow) XVI. PROPERTY TAXES a. Should the recording of the Final Plat occur after July L 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 14 Saddle Club Development Contract August 25, 2014 DEVELOPER Developer STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) CITY OF LINO LAKES By Mayor ATTEST: By City Clerk On this day of for said County. personally appeared , 2014, before me. a Notary Public within and (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 ) )ss. )' COUNTY OF ANOKA On this day of , 2014, before me. a Notary Public within and for said County, personally appeared foregoing instrument. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes. Minnesota 55014 (Developer), who executed the page 15 • • • • ATTACHMENT A Legal Description for Saddle Club Southeast Quarter of Southwest Quarter of Section 28, Township 31. Range 22. Anoka County, Minnesota. together with an easement for roadway purposes over the Northerly 60 feet of the Easterly 60 feet of the East 330 feet of the Southwest Quarter of the Southwest Quarter of Section 28. Township 31, Range 22. as contained in Document No. 144111. • • ATTACHMENT B SUMMARY OF IMPROVEMENT COSTS DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Saddle Club Phase I 8/19/2014 NUMBER OF REU's: 28 APPLICANT: DuPont Holdings, LLC ASSESSED AREA (ac.): 7.84 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 $3,000 3 SITE ENGINEERING & SURVEYING Estimate b $20,000 4 LANDSCAPING Estimate A. Seeding and Sod Estimate b $8,483 B. Wetland Delination-Fox Road Estimate e $4,600 C. Tree and Shrub Plantings Estimate b $10,935 5 STREETS A. Subgrade/Base Course Estimate e $198,601 B. Wear Course Estimate e $48,750 6 STORM SEWER CONST. A. Trunk Estimate e $0 B. Lateral Estimate e $148,167 C. Surface Water Mgmt. $0.075/sf a $25,613 7 SANITARY SEWER CONST. A. Trunk Unit Charge (REU) $2,975/unit a $83,300 B. Lateral Estimate e $219,875 C. Trunk Credit Estimate e 8 WATERMAIN CONST. A. Trunk Unit Charge (REU) $3,939/unit a $110,292 B. Lateral Estimate e $126,811 C. Trunk Credit Estimate e NOTE: TOTALS: $784,622 $219,205 $4,600 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 0 DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Saddle Club NUMBER OF REU's: 28 APPLICANT: DuPont Holdings, LLC ASSESSED AREA (ac.): 7.84 8/19/2014 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 $1,500 2 ADMINISTRATION A. Administration/Legal/Publications 3% of const. b $30,100 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 $2500/unit d $70,000 B. Park Dedication Credit ($50,436) C. Sealcoating Fee $0.30/SF b $21,034 D. Aerial Photo Fee $90/unit b $2,520 5 BOULEVARD TREE PLANTING $465/tree b $13,020 DEVLOPMENT SECURITIES A. Tree Preservation $95/unit b $2,660 B. Street Lighting - installation $2,500 a $10,000 C. Street Lighting - operation $265 $1,060 D. Traffic Signing $500 a $3,000 E. Street, Storm Sewer, Pond Maint. b $2,000 SUBTOTAL: $0 $0 $138,958 Grading Only Escrow Credit $301,133 $0 $0 TOTALS: $0 $138,958 SECURITY AMOUNTS TO BE POSTED Att. B Att. C Total X = DEVELOPMENT IMPROVEMENT COSTS X 1.25 (PUBLIC SURETY) $980,800 $0 $980,800 Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $76,800 $0 $76,800 Z = CITY FEES X 1.0 (CASH ESCROW) $4,600 $138,958 $143,558 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 D PUBLIC IMPROVEMENT SURETY AGREEMENT Saddle Club THIS AGREEMENT is entered into on 2014. by (hereinafter "Escrow Agent"), City of Lino Lakes (hereinafter "City"), and DuPont Holdings. LLC (hereinafter "Developer"). RECITALS WHEREAS. City and Developer have entered into a Development Contract and Planned Unit Development Agreement dated pursuant to which Developer has agreed to deposit certain funds as identified in Paragraph 2 below in escrow in Lieu of a letter of credit: and WHEREAS. Developer agrees to privately construct improvements serving the property legally described on attached Exhibit A; and WHEREAS, City and Developer desire that Escrow Agent disburse the advances and Escrow Agent is willing to do so on the terms and conditions hereinafter set forth yet not providing any title or mechanic lien clearance services; and, WHEREAS. capitalized terms used, and not otherwise defined herein, shall have the meanings set forth in the Development Contract & Planned Unit Development Agreement: and NOW THEREFORE. in consideration of the foregoing recitals and other good and valuable consideration. it is agreed between the parties as follows: 1. Developer will deposit escrowed funds in the amount of $980,800.00 with Escrow Agent. 2. The Escrow Agent is authorized and directed to disburse the funds deposited hereunder to Developer to pay the costs of construction of the identified improvements (See Exhibit B) to be constructed on the described real property as such property is identified in the Development Contract & Planned Unit Development Agreement. The number of permissible draws and the fees to be charged therefore is as is set forth herein. 3. Prior to each disbursement of funds by the Escrow Agent to the Developer, the City and Escrow Agent must be furnished with the following items: a. Sworn Construction Statement, setting forth all contractors and material suppliers with whom the Developer has contracted, the amounts of each contract. the amounts paid -to -date. the amounts being requested, and the balances due. b. The draw request by the Developer for the requested disbursement. • 1 • • • • c. Written Approval by the City of the disbursement request, which approval shall (i) not be unreasonably withheld or delayed, and (ii) be provided within ten (10) business days following the date submitted by the Escrow Agent [in accordance with Paragraph 7 below] with confirmation from the Escrow Agent that Developer has provided all of the items required to be submitted under this Paragraph 3. Failure by the City to respond to such request within such 10 business day approval period shall automatically be deemed to be City's approval to same. Escrow Agent may communicate with City electronically relative to these requests. d. Full or partial. up-to-date lien waivers; plus affidavits supporting lien waivers and releases of lien if necessary. in a form satisfactory to Escrow Agent and City. e. A list showing each Contractor/Vendor to be paid from the current Draw Request, the amount of payment, and the category of cost as shown on the Sworn Construction Statement for which such payment are to be made. f. Such other supporting evidence as may be reasonably requested by the City or Escrow Agent to substantiate all payments that are to be made out of the relevant Draw Request and/or to substantiate all payments, then made with respect to the Project. 4. Escrow Agent's charges for all of the escrow services to be provided for pursuant to this Agreement are $150.00 per draw. 5. No draw requests shall be made by Developer while another is pending or in the event the City has declared default under the Development Contract & Planned Unit Development Agreement. 6. At the time of submission of the final Draw Request, which shall not be submitted before completion of the Project. including all landscape requirements, Developer shall submit to City and Escrow Agent. in addition to the requirements listed in Paragraph 3 above the following: a. A written lien waiver from all Contractors for work done and materials furnished for the Project. b. Such other supporting evidence as may be reasonably requested by the City or Escrow Agent to substantiate all payments.. which are to be made out of the final Draw Request and/or to substantiate all payments, then made with respect to the Project. c. Satisfactory evidence that all work requiring inspection by Governmental Authorities having jurisdiction, including the City, has been duly inspected and approved by such authorities and that all requisite certificates of occupancy, if applicable, and other approvals have been issued. d. Final Sworn Construction Statement. e. The Developer's general contractor shall submit a 1 year warranty bond, in a form satisfactory to the City Attorney. from the date of Project acceptance and all required IC -134 documents. 7. Not later than five business days following receipt of the documents delivered to it pursuant to the above paragraphs. the Escrow Agent will notify in writing the City as to whether the delivered documents are satisfactory to it. If documents are missing. the Escrow Agent will advise City and Developer. If the documents are supplied to the satisfaction of the City and Escrow Agent. Escrow Agent will within 3 business days transmit to the Developer the amount applied for in the relevant draw request. 8. Developer will pay parties identified in the relevant draw request. the amounts shown therein. Payment will only be made upon receipt of signed lien waivers for the amount requested. 9. The Escrow Agent will keep and maintain books and records in sufficient detail to reflect the disbursements made by it hereunder. City and Developer may. during normal business hours, examine the books and records of Escrow Agent pertaining to the disbursements made by it hereunder. The Escrow Agent shall notify the City and Developer when fund balance is less than $25.000. 10. No liability is assumed by Escrow Agent or City to the Developer or contractors as regards protection against mechanic's lien or title claims. 11. Functions and duties assumed by the Escrow Agent include only those described in this Agreement. and the Escrow Agent is not obligated to act except in accordance with the terms and conditions of this Agreement. Escrow Agent does not insure that the building or construction will be completed. or that the building when completed will be in accordance with the plans and specifications, or that sufficient funds will be available for completion. The funds placed in escrow shall be maintained in a non-interest bearing account 12. Escrow Agent acknowledges receipt of escrowed funds upon execution of this document. 13. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 14. This Agreement can be amended or modified only by a written Amendment, written and signed by all of the parties hereto. 15. Escrow Agent shall place all received funds in a FDIC insured account. • • • • • • 16. Prior to the execution of this Agreement. the Escrow Agent shall submit financial statements to the City Attorney for review and approval. 17. If directed by the City in its reasonable business judgment. the Developer shall submit additional security to address change orders or unanticipated Project costs which costs will be reasonably agreed upon by the City and Developer. 18. The parties hereto. agree that each party's legal cost incurred to draft and / or negotiate this Agreement on behalf of such party shall be the sole responsibility of the party incurring same. 19. Time is of the essence as to each provision of this Agreement. 20. All notices required or permitted under this Agreement shall be (i) delivered to the addresses set forth below. and (ii) mailed. delivered or transmitted by one party to the other(s) and such notice shall be deemed given and effective: upon receipt if personally delivered; upon receipt if sent by telecopy or electronic mail; upon receipt or upon the date of first attempted delivery, if sent by certified or registered mail with postage prepaid. return receipt requested. or if sent by Federal Express or other nationally recognized carrier service; or upon receipt if sent in any other way. Any party hereto may from time to time, by written notice to the other parties. designate a different address which shall be substituted for the one specified below. 21. In the event the City declares default under the Development Contract & Planned Unit Development Agreement this Escrow agreement shall terminate and all funds held in escrow shall be remitted to the City for application to obligations specified under the Development Contract & Planned Unit Development Agreement Escrow Agent: City: Developer: City of Lino Lakes Attn: Michael Grochala 600 Town Center Parkway Lino Lakes. Minnesota 55014 DuPont Holdings. LLC Attn: Marcel Eibensteiner 1000 County Road E West. Suite 150 Shoreview, MN 55126 22. This Agreement may be executed in any number of counterparts. each of which shall be an original but all of which shall constitute one and the same instrument. The delivery of an executed counterpart of this Agreement by facsimile or PDF or similar attachment to an email in accordance with Paragraph 21 above shall constitute effective delivery of such counterpart for all purposes with the same force and effect as the delivery of an original. executed counterpart. 23. All remaining funds. following City review and approval, shall be sent to the Developer in a timely manner. 5 • • • • • • ESCROW AGENT Escrow Agent STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of . 20014. before me, a Notary Public within and for said County. personally appeared (Escrow Agent), who executed the foregoing instrument. Notary Public DEVELOPER CITY OF LINO LAKES By Developer Mayor ATTEST: By City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) 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 ) ) ss. COUNTY OF ANOKA ) On this day of , 20014, 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 7 • • • • • CITY OF LINO LAKES RESOLUTION NO. 14-92 RESOLUTION AUTHORIZING EXECUTION OF MAINTENANCE AGREEMENT STORMWATER MANAGEMENT FACILITIES BETWEEN RICE CREEK WATERSHED DISTRICT AND CITY OF LINO LAKES WHEREAS. the Saddle Club project includes the construction of stormwater facilities such as catch basins. pipe. and ponds to convey street surface water and provide water treatment prior to entering public waters; and WHEREAS, such stormwater facilities are subject to the requirements of the Rice Creek Watershed District; and WHEREAS, the Rice Creek Watershed District Board of Managers conditionally approved permit no. 13-088 for the project subject to the execution a maintenance agreement between the City and the Watershed District. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes executes the Maintenance Agreement Stormwater Management Facilities between the Rice Creek Watershed District and City of Lino Lakes. Adopted by the Council of the City of Lino Lakes this 25th day of August. 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member and upon vote being taken thereon. the following voted in favor thereof: The following voted against same: ATTEST: Julianne Bartell, City Clerk Jeff Reinert, Mayor MAINTENANCE AGREEMENT Stormwater Management Facilities Between the Rice Creek Watershed District and City of Lino Lakes This Maintenance Agreement ("Agreement") is made by and between the Rice Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes Chapters 1038 and 103D and a drainage authority pursuant to chapter 103E of the laws of the State of Minnesota, (RCWD), and the City of Lino Lakes, a municipal corporation ("Permittee"). Recitals and Statement of Purpose WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements Rule C, Stormwater Management Plans; WHEREAS Rule C imposes certain requirements, which the Permittee will meet in this case by constructing and maintaining stormwater management facilities as identified on the site plan incorporated into this Agreement as Exhibit A; WHEREAS in accordance with Rule C and as a condition of Permit 1 3-094, the Permittee's obligation to maintain these stormwater facilities must be memorialized by a recorded maintenance declaration or, alternatively, a maintenance agreement establishing the Permittee's perpetual maintenance obligation; WHEREAS the Permittee and the RCWD execute this Agreement to fulfill the condition of Permit 13-094, and concur that it is binding and rests on mutual valuable consideration; THEREFORE: 1. The Permittee, at its cost, will inspect and maintain the stormwater management facilities delineated and labeled on Exhibit A as follows: • XXXXXX 1 • • • • • • The Permittee will: a. Obtain certified as -built contours for all ponds and inspect the ponds, and associated outlet structures, culverts and outfall structures one year and two years after the completion of as-builts, including measuring sediment accumulation by a method accurate to within one vertical foot. Thereafter, the Permittee will perform inspections in the fifth year after pond completion and every five years thereafter. If inspections show that sediment may accumulate to 50 percent of wet storage volume, or 25 percent of dry detention volume, within less than five years, the Permittee will inspect more frequently. Pond function will be considered inadequate if sediment accumulation has decreased the wet storage volume by 50 percent or dry detention volume by 25 percent, and the Permittee will restore the basin to its original design elevations and dimensions and restore vegetation in disturbed areas within one year of the inspection date. b. Inspect stormwater infiltration and filtration basins, including rain gardens, annually, to preserve live storage capacity at or above the design volume. Remove vegetation, maintain healthy plant growth and remove excess sediment and debris to ensure' that the facilities continue to perform per design. d. Inspect conveyances and other structures annually. Ensure preservation of designed hydraulic capacity. 2. If the Permittee conveys into private ownership a fee interest in all or any portion of the public property that is subject to this Agreement, it must require as a condition of sale, and enforce: (a) that the purchaser record a declaration on the property incorporating the stormwater management facility maintenance requirements of this Agreement; and (b) that recordation occur either before any encumbrance is recorded on the property or, if after, only as accompanied by a subordination and consent executed by the encumbrance holder ensuring that the declaration will run with the land in perpetuity. If the Permittee conveys into public ownership a fee interest in all or any portion of the property that is subject to this Agreement, it must require as a condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 3. This Agreement is in force for five years from the date on which it is fully executed and will renew automatically for five-year terms unless terminated by the parties. This Agreement may be amended only in a writing signed by the parties. 4. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RICE CREEK WATERSHED DISTRICT By Phil Belfiori, RCWD Administrator CITY OF LINO LAKES Date: By: Date: Michael Grochala, Community Development Director 3 • • • S133HS Z 3O E 133HS s i PRELIMINARY COPY UNRECORDED AS OF 05-20-44 9 oano)ddo puc pa,naina., uaac soy 7010 z 0 PO YS D Aq aaubis ao o7 s1uasaJc a n g. 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DRAINAGE 5 ERUOION 1,001 ROL Pt AN I hereby Gertlly 11,11101s PI, We, pre N:11e0 by 1116 Ur under my (11161.[ supervision and Eidi 4111 a dilly 1 ioel lsod Prote,biuHal Emil 1661 uni 6l 1116 laws ul Lha Sleln ut MIn116suId CI1161 ES W. 510210 DA1 E. 05.21.2014 I R. 511 I027l IIAI E REVISION DESCRIPTION 12-13-13 WETLAND Fll 11ENH. ADJ; POND ADJ: TRAIL 1SWI.K ADDED 12-23-13 RCWD RE -SUBMITTAL 2-7-14 RCWD COMMENT 1 ETTER 1-16-2014 3-17-14 RCWD COMMENT 1 ETTER 2-19-2014 4-9-14 BIT. TRAIL ADDED TO P1 ANS 5-21-14 FINAL PLAT SUBMITTAL • • • 9 ° .SNO_3 JilvMOaVOE a0_ ° a 2 lila_ NC' 03118.06, 1 ❑32J OIOr,—NON ao- e3sr 38 ❑: udr (. MOH 1t111MUIIVOU "811118! SOONIWFl1IB 0 O Y 1 V Z 0 m Qo m C+w'0 _I ✓ 0 g z r C) m0 C33 03 0 oz mai 1 0 13 2 SADDLE CLUB P.U.D. LINO LANES, MN GRADIN[, DRAINAGE. S EROSION CONI -R01 Pt PN I,Gre0y lrldl 60/3 4Id0 „ins prepares! by me CI ,In Cl of SIII,th VI,1011 013 U 211 20,1 duly 1 lw11.1d I-1,;fu5,10II„I En9hltfui Ill 41 11 kr, of Ilse 41,AC 1f i,tlniies.,td" 0/ 111 Es W 71 OWE 1141 E, 00.21 .21114 I. I l;. 160 10227 DATE REVISION DESCRIPTION a, m cw 8 L N al J p� vti m a N T IO ti L llU O IO U m 12-13-13 WETI AND 711 l!ENH. AD.); POND AD.1; TRAII (5106 K ADDED 1.2-23-13 RC'ND RE -SUBMITTAL. 2-7-14 RCWD COMMENT 1 ETTER 1-16-2014 3-17-14 RCWD COMMENT LETTER 2-19-2014 4-14-14 BIT. TRAIL ADDED TO PLANS 5-21-11 FINAL PLAT SUBMITTAL � � w (f� W O W rti N SIN3IN3af1SV3W • 1 0 1 0-1-1 SONIC10H SADDLE CLUB P.U.D. LINO LAKES, MN P1 A5ING PL AN KILLEBREW DR — 1 0 ii 13 13 >> (1) > r- m m C o m (l A) IN) 01 V CO r r O 0 —I —1 -I Cn Cr) (i) 111by Mair waS prepared frie 111,dor illy Ihdl uuly Licensed la,. Of 11. 51,11. Cl IARI ES W PI OWE DATE, 001 0l114 1 IC. NO. 1820( DATE REVISION DESCRIPTION OLD BIRCH ST 5-21-14 FINAL PLAT SUBMITTAL • • dbH0t CJ Ur -71 U U u u u 0 0 0 Z 0 0 O o 0 0 O O o O • • 1 • t • ti o <n 01 6016d 06366 3,00ONN 1, 64 PROPOSED BOULEVARD TREES 910%4 SHRUBS i BOULEVARD TREES - PLANT SCHEDULE oN nm oN mm In -1N lP oN mm oN mm o.n mei oN rim az <n Mm `pN Mm `oN �m � in iIn iI� ii ii it N N L � . . it i' [L i' IL fD -.oi i c � c �� R NORTHERN RED 046 a:ac s word R A 3 -. 9 " p 9. NORTHriOOD MAPLE Acer rum -um 'Northwood' 'ALL FIESTA SUGAR MAPLE Acer soccnerum `Bolista' AUTUMN GOLD GINKGO GInkgc silos° Autumn Gold' (mole only) Dz COMMON NAME - BOTANICAL NAME '25 'REPOSED ADDITIONAL TREES SHOWN SHRUBS i ADDITIONAL TREES - PLANT SCHEDULE ON mR N z ON mR in z ON mR N z ON mm N ON mm v� z OUI mm N ON mm mm N mm N c m i N ON N ON N O✓� N S y it inN it N N L � . . it i' [L i' IL fD m fD L' f0 '' '' m L O i ",o��Ai, ' o o m 3 n?_? R i:'1 Rn 3 5' n LA' o m i b R p -i S 4 _ =ALL :TESTA .GAR MAPLE Ace, =_accnarum "Balista" n xpaiio: u TE u o m SCOTS PINE sNvestris BLACK HILLS SPRUCE ce° gusuca COMMON NAME BOTANICAL NAME 2 SHRUBS 75 PROPOSED OPEN AREA REES SHOWN P TREES OPEN AREAS - PLANT SCHEDULE Po� N o�(� 7m in nK� ; inm 2 O� mr� n O� mr, O� r inm O� Nm Vin, �m Nm ON N ON N oN N N N L � . . pp. yy. yy fQ NORTHERN RED 0AK B&B Duercus ruby° BLACK CHOKECHERRY Aroma meanocoreu eats - 01 c n 3 A A m z COMMON NAME BOTANICAL. NAME W c i 2 3 b `�° a z in �' 3A _ g R p o q R L - o m n a r1 A 9 o o zg ALLFIESTA SUGAR MAPLE Acer s°ccnomm-361i516' 'S`' $ o - 3 kn 3 R L' ? v Q COMMON NAME BOTANICAL NAME llr A (j � U no ap AO z < 36. 8111105 1008 040066 6166 MON JNIdV SJN11 z H z -1IHia ENILNV1d snonaropa 1I'dl30 DNLLNV1d ef9NIV1NOO'� 9f1�IHS 2 ((AIN.)