HomeMy WebLinkAbout2014-114 Council ResolutionCITY OF LINO LAKES
RESOLUTION NO. 14-114
RESOLUTION APPROVING THE FINAL PLAT
FOR ISABELL ESTATES
WHEREAS. the City has received an application Final Plat approval for Isabell Estates
hereafter referred to as "Development": and
WHEREAS, City staff has completed a review of the proposed '`Development' based on
the revised plan set dated August 8, 2014 prepared by M&P Associates and received by
the City on August 11.2014; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on June 1 1.
2014 meeting and the Board recommended approval of the Preliminary Plat: and
WHEREAS. the City Council approved the rezoning from R. Rural to R-1. Single
Family Residential with Ordinance No. 07-14. Variances with Resolution No. 14-66 and
the Preliminary Plat with Resolution No. 14-67: and
WHEREAS. Planning & Zoning Board reviewed and recommended approval of the
Final Plat at the September 10. 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 Final Plat for Isabell Estates. subject to the following
conditions:
1. All comments from the City Engineer letter dated September 4. 2014 shall be
addressed.
2. All comments from the Environmental Coordinator letter dated September 11.
2013 shall be addressed.
3. The developer shall be responsible for grading the site. prepping the building pads
and constructing the storm water maintenance facilities.
4. The following executed documents are required to be approved by the City
Council prior to issuance of a Grading Permit:
a. Development Contract.
�. The following items shall be submitted to the Cit. prior to issuance of a Grading
Permit:
a. Revised plans based on staff comments.
b. Recorded copy of Declaration for Maintenance of Stormwater Facilities.
c. NPDES Permit (if required).
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d. RCWD Permit.
e. Securities and Escrows as detailed in the Development Contract.
f. Grading Permit Fee of 5150.
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 application and fee as determined by the Building
Official.
7. Sheet 1 -Certificate of Survey:
a. Provide roadway easement document or other recorded instrument as to
how the "south" 30 feet of Arlo Lane was dedicated or deeded for
roadway purposes.
b. Revision date shall be consistent on all plan sheets.
8. Sheets 4-7:
a. See City Engineer Letter.
9. Sheet 9 -Landscape Plan:
a. The plan shall be revised to include the following language:
i. Boulevard Trees = 3 new trees required
ii. Tree Preservation Plan = 4 new trees required
iii. Open Area Landscaping
1. Pond Area = 3.130 s.f / 2 = 1.57 = 2
2. 2 Targe trees ± 6 large shrubs required
iv. Seven (7) existing remaining trees satisfy requirements for both
Tree Preservation and Open Area Landscaping trees
v. Six (6) shrubs required.
b. In addition, the following revisions are required to the Landscape Plan:
i. The existing trees shall be shown on the plan.
ii. The proposed lilac bushes shall be relocated outside of the
drainage and utility easement and into front or side yards.
iii. Notes #2. 3 and 4 shall be omitted.
iv. Plan should be reviewed for typographical errors.
10. Final Plat
a. Include diagram showing standard drainage and utility easements.
b. Adequate drainage and utility easement shall be provided for stormwater
pond in rear yards.
c. In dedication paragraph. review the Lane' to "Arlo Lane-.
d. Proposed iron pipe monuments shall be shown.
e. Dates with 200 shall be revised to 20
Adopted by the Council of the City of Lino Lakes this 13th day of October. 2014.
The motion for the adoption of the foregoing resolution was introduced by Council
Member Kusterman
and was duly seconded by Council Member Roeser
and
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upon vote being taken thereon, the following voted in favor thereof:
Kusterman, Roeser, Rafferty, Stoesz, Reinert
The following voted against same:
none
ATTEST:
Julianne Bartell. City Clerk
Jeff Reinert. av
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CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Katie Larsen. Cit. Planner
MEETING DATE: October 13. 2014
TOPIC: Isabell Estates
i. Consider Resolution No. 14-114 Approving Final Plat
VOTE REQUIRED:
INTRODUCTION
ii. Consider Resolution No. 14-115 Approving Development
Contract
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Staff is requesting City Council consideration of the Final Plat and Development Contract for
Isabell Estates.
Complete Application Date:
August 11, 2014
60 -Day Review Deadline:
October 10. 2014
120 -Day Review Deadline:
December 9. 2014
Environmental Board Meeting:
NA
Park Board Meeting:
NA
Planning & Zoning Board Meeting:
September 10. 2014
Tentative City Council Work Session:
October 6. 2014
Tentative City Council Meeting:
October 13. 2014
BACKGROUND
The applicant has submitted a land use application for final plat for Isabel] Estates. This is a four
(4) lot residential subdivision located at 535 Lois Lane which is legally described as Lot 3. Block
1, Mar Don Acres.
The following staff report is based on the revised plan set dated August 8. 2014 prepared by
M&P Associates and received b. the City on August 11. 2014.
In July 2014. the City Council approved the following:
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• Ordinance No. 07-14. Rezoning from R. Rural to R-1. Single Family Residential
• Resolution No. 14-66. Variances
• Resolution No. 14-67. Preliminary Plat
The Planning & Zoning Board reviewed and recommended approval of the final plat at the
September 10. 2014 meeting.
ANALYSIS
Subdivision Ordinance
Conformity with the Comprehensive Plan and Zoning Code
The final plat has been reviewed for compliance with the comprehensive plan. zoning and
subdivision ordinance. The subdivision is not considered premature. is consistent with the
comprehensive plan for residential development and meets the performance standards of the
subdivision and zoning ordinance with the approved minor variances. The final plat is also
consistent with the preliminary plat.
Blocks and Lots
The final plat creates 1 block with 4 lots. Lot 4. Block 1 will have an existing home which will
remain. Lots 1, 2 and 3 will be developed with single family homes.
The lots will be 132 feet in depth. The minimum lot depth in an R-1 Single Family Residential
District is 135 feet. When Mar Don Acres was platted. the lots were 294 feet deep. The required
30 foot roadway easement dedication on the north for Arlo Lane reduces the lot depth to 264
feet. Subdividing this in half creates 132 foot deep lots. Resolution No. 14-66 approved the
necessary variances.
Streets and Alleys
Lois Lane and Arlo Lane are minor collector roads and are capable of handling one (1) and two
(2) additional single family homes. respectively.
Easements
Standard drainage and utility easements are shown around the interior perimeter of the four lots.
The final plat shall be revised to include an easement around the stonnwater drainage areas
proposed in the rear yards.
Public Land Dedication
The City will require payment in Lieu of land dedication. Since this is an existing lot with one (1)
home. park dedication fees will be required for the three (3) newly created lots.
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Park Dedication F+
3 lots x $2.500 payment in lieu =
TOTAL 57,500
Comprehensive Plan
The proposed four (4) lot residential subdivision for the construction of three (3) single family
homes for Isabell Estates is in compliance with the Comprehensive Plan in terms of Resource
Management System. Land Use Plan. Housing Plan. and Transportation Plan.
The parcel is guided Low Density Sewered Residential per the City's Comprehensive Plan which
allows for 1.6 to 3.9 dwelling units per acre. The proposal of 3.60 units per acre is consistent
with the Comprehensive Plan's guided land use and density.
Wetlands
There are no known wetlands on the parcel.
Floodplain
There is no floodplain on the parcel.
Development Contract
A Development Contract has been drafted and shall be executed by the City and the developer
and recorded by the developer.
Maintenance Agreement-Stormwater Management Facilities
The Isabell Estates project includes the construction of stormwater ponds to convey surface
water and provide water treatment prior to entering public waters. A Declaration for
Maintenance of Stormwater Facilities shall be required.
RECOMMENDATION
Staff is recommending approval of the following items with conditions as listed:
1. Resolution No. 14-114 Approving the Final Plat
2. Resolution No. 14-115 Approving Development Contract
ATTACHMENTS
1. Resolution No. 14-114
2. Final Plat
3. Resolution No. 14-115
4. Development Contract
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This plot of ISABELL ESTATES was approved by the City of Lino Lokes, Minnesota at a regular meeting thereof
held this __ _ day of , 200_, and if applicable, the written comments and recommendations
of the Commissioner of Transportation and the County Highway Engineer hove been received by the City or the
prescribed 30 day period hos elapsed without receipt of such comments and recommendations, as provided by
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Lot 3 Block 1, MAR DON ACRES, Anoka County. Minnesota.
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DRAFT
DEVELOPMENT CONTRACT
Isabell Estates
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 John lsabell. Inc. whose address is 681 North Neal Avenue. West Lakeland. MN
55082. hereinafter referred to as the "Developer."
WHEREAS. the Developer has received preliminary plat approval from the Cite Council by
Resolution No. 14-67 for a plat of land within the corporate limits of the City known as Isabell
Estates, hereinafter called "Subdivision." as shown in Attachment A and is legally described as:
Lot 3 Block 1 Mar Don Acres. Anoka County. Minnesota.
WHEREAS, the Developer is splitting the above described land into four lots with one
existing residence and three additional residence. which will be legally described to -wit.
Lot 1.2. 3. and 4. Block 1. Isabell Estates
WHEREAS. service to the subdivision has been previously made; and
WHEREAS. the Developer is to be responsible for the installation and financing of certain
private improvements within the Subdivision: and
WHEREAS. the City Subdivision Ordinance and Minnesota Statute sections 462.358
authorize the City to enter into a performance contract secured by cash escrow or other security to
guarantee completion and payment of such improvements following final approval and recording of
the final plat.
NOW. THEREFORE. in consideration of the mutual promises of the parties made herein.
IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
I. DEVELOPER IMPROVEMENTS
a. Improvements to be installed the Developer and financed by the Developer are
hereinafter referred to as "Developer Improvements.'
b. Improvements to be installed by the City and financed by the Developer are
hereinafter referred to as 'City Improvements."
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Isabell Estates
Development Contract
October. 2014
II. DEVELOPER PLANS
a. The subject property shall be developed in accordance with the following
Developer Plans. original copies of which are on file with the City Engineer. The
Developer Plans ma) be prepared after entering this Agreement but must be
completed and approved by the City before commencement of any work on the
Subject Property. If the plans vary from the written terms of this Agreement. the
written terms shall control.
b. The Developer Plans are:
i. Isabell Estates. dated August 8. 2014. prepared by M & P Associates:
a. Sheet 1, Certificate of Survey (4/24'14)
b. Sheet 2. Resources Inventor)
c. Sheet 3. Preliminary Plat
d. Sheet 4. Grading and Erosion Control Plan
e. Sheet 5. Pre -Development Drainage Plan
f. Sheet 6. Post -Development Drainage Plan
g. Sheet 7. Utility Plan
h. Sheet 8. Tree Preservation Plan
i. Sheet 9, Landscaping Plan
ii. Isabell Estates Final Plat submitted on August 11. 2014. prepared by M &
P Associates.
c. The Developer Plans shall be approved by the Cit). The Developer shall secure a
contractor to install these improvements. which contractor shall be approved by
the Cit) 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 followings
terms and conditions:
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.
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Isabell Estates
Development Contract
October. 2014
b. The Developer shall obtain an NPDES Stormwater Permit prior to
construction. All terms and conditions of the NPDES permit must
be adhered to by the Developer throughout the duration of
construction of the Subdivision from start to finish.
c. The Developer shall install four (4) inches of topsoil on all
boulevards and seed or sod as approved by the Cit).
d. All disturbed areas shall be restored immediately upon completion
of construction.
e. Drainage swales. ditches. storm water storage ponds and other high
risk erosion areas shall be protected from erosion.
f. 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, andior street sweeping.
h. 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.
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.
j. 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. 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 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.
iii. The Developer shall promptly clear dirt and debris within public right-of-
ways and drainage and utility easements resulting from construction by the
Developer. its purchasers. builders and contractors within five (5) days
after notification by the City. The Developer or its assigns shall be
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Isabel] Estates
Development Contract
October. 20 ] 4
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.
iv. Landscaping Plan & Tree Preservation Plan
a) The Developer shall implement tree preservation in accordance with
the approved Landscaping Plan & Tree Preservation Plan 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 am 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
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 the City shall be in writing.
in recordable form. containing such terms and conditions as the City shall
determine.
vi. The Developer shall submit all gas. telephone. cable TV and electric utility
designs to the Cit) 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.
vii. Cost of Developer Improvements and description are as shown on
Attachment B.
viii. Construction of Developer's Improvements:
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Isabel] Estates
Development Contract
October. 2014
a. The construction. installation, materials and equipment shall be in
accordance with the Developer Plans and specifications approved
by the City.
b. All of the work shall be under and subject to the inspection and
approval of the Cite and. where appropriate. any other
governmental agency having jurisdiction.
c. Prior to the acceptance of Developer Improvements by the City. the
Developer shall obtain final plat approval and record the final plat
which will dedicate all permanent easements necessary for the
construction and installation of the Developer and City
Improvements as determined by the City.
d. All construction debris and trash shall be properly disposed of at
the Developer's expense and in a timely manner as determined by
the City.
ix. The Developer shall construct and pay for all improvements as described
in the approved landscaping plan.
x. Record Drawinus
a. Upon completion of construction of site improvements. and
grading. the developer shall submit two (2) sets of record
Developer Plans. two (2) electronic copies of record Developer
Plans in Anoka 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.
xi. 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.
1II. 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
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Isabell Estates
Development Contract
October. 2014
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. 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 C for breakdown of costs):
i. Plat Review
ii. Planner Review
iii. Administration - 3% Construction Cost
iv. Engineering
v. Legal
vi. Publications
vii. Boulevard Tree Planting
viii. 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. Sealcoating
ii. Aerial Photo
V. TRUNK UTILITY & SURFACE WATER MANAGEMENT C[ --LARGES
a. Trunk Sewer Unit Charges.
i. The City established trunk unit charges to uniformly distribute the costs of
public trunk sanitary sewer infrastructure. Each individual connection to
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Isabel] Estates
Development Contract
October. 2014
the sanitary sewer system shall be charged a unit charge per SAC unit
(currentl) at 52.975 per SAC unit). The unit charge shall be based on the
procedure outlined in the Metropolitan Environmental Services Service
Availability Charge Procedure Manual. Trunk sewer unit charges
addressed under this paragraph are in addition to any SAC charges
imposed b}° 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 Cit) established trunk unit charges to uniform') distribute the costs of
public trunk water infrastructure. Each individual connection to the water
system shall be charged a unit charge per SAC unit (currentl) 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
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 (collectivel),
"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 the City. The letter of credit or cash escrow
may be used by the City upon default by Developer in the payment of
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Isabell Estates
Development Contract
October. 2014
special assessments. The cash escrow or letter of credit shall remain in
place throughout the term of the special assessments.
iii. All special assessments shall be payable to the City Clerk in semi-annual
installments over 15 years commencing on April 15`h of the year after the
levy of such assessment and on each September 15th and April 151h
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.
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% ofthe 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 leve of such assessments by the City at the
bond interest rates paid by the Cite.
e. Acceleration upon Default.
i. In the event the Developer violates any of the covenants. conditions or
agreementsherein. violates any ordinance. rule or regulation ofthe 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
recovery of such special assessments due and payable from the security
provided herein. In the event that such security is insufficient to pay the
outstanding amount of such special 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
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Development Contract
October. 2014
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 liability 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.
b. 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.
VII. HOURS OF CONSTRUCTION ACTIVITY
a. All construction activity' shall be limited to the hours as follows:
i. Monday through Friday
ii. Saturday
iii. Sunday and Holidays
VIII. INSURANCE
7:00 a.m. to 7:00 p.m.
9:00 a.m. to 5:00 p.m.
No working, hours allowed
a. Developer or its general contractor shall take out and maintain until one (1) year
after the City has accepted the Developer Improvements. public Liability and
property damage insurance covering personal injury. including death. and claims
for property damage which may arise out of the Developer's work or the work of
his subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury and death shall be not less than Five Hundred Thousand
and no/100 (5500.000.00) Dollars for one person and One Million and no/100
(51.000.000.00) 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
page 9
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Isabell Estates
Development Contract
October. 2014
ten (10) days advance written notice ofthe cancellation ofthe insurance. The
certificate may not contain anv disclaimer for failure to give the required notice.
IX. REIMBURSEMENT OF COSTS FOR DEFENSE
a. The Developer agrees to reimburse the Cit} for all costs incurred by the City in
defense of enforcement of this contract. or anv portion thereof. including court
costs and reasonable engineering and attorneys' fees if the City prevails in such
action.
X. 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.
Xl. 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 an part of the
Subdivision and shall be deemed covenants running with the land.
b. Notices
i. Whenever in this agreement it shall be required or permitted that notice or
demand be given or served by either partto 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 timet} 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. A Grading Permit application shall be submitted and approved by
City Staff prior to anv grading or site work.
page 10
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Isabel] Estates
Development Contract
October. 2014
b. The Rice Creek Watershed District must review and issue a permit
for the project prior to building permits being issued by the cite for
an\ new construction.
XII. 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. 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.
XIII. PARK DEDICATION
a. The Park Dedication fee the Talan Ridge development is calculated as follows:
3 units x $2.500 = $7.500
XIV. 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 responsibilityof
the Developer. Dollars shall be incorporated into the escrow agreement to cover
the cost of said property taxes.
page 11
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Isabell Estates
Development Contract
October. 2014
DEVELOPER CITY OF LINO LAKES
By
Developer Mayor
ATTEST:
By
Cite Clerk
STATE OF MINNESOTA
) ss.
COUNTY OF ANOKA
On this day of . 2014. before me. a Notary Public within and
for said Count}. personally appeared (Mayor) and
(City Clerk). to me known to be respectively the Mayor and Clerk of the Cit. 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 Count}. 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
page 12
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ATTACHMENT A
Final Plat Isabell Estates
ISABELL ESTATES
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•
•
ATTACHMENT B
SUMMARY OF IMPROVEMENT COSTS
DEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME:
APPLICANT:
Isabell Estates
John Isabell
NUMBER OF REU's:
ASSESSED AREA (ac.):
4 (1 Existing)
1
BUDGET DEVELOPER CITY ESCROW
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) IMP. (Y) AMOUNT (Z)
1 SITE GRADING Estimate e $3.000
2 EROSION CONTROL Estimate e $1,800
3 SITE ENGINEERING & SURVEYING Estimate e $2,300
4 LANDSCAPING Estimate e
A. Trees Estimate b $1,000
B. Wetland Mitigation Estimate e
5 STREETS
A. Subgrade/Base Course Estimate e
B. Wear Course Estimate e
6 STORM SEWER CONST.
A. Trunk Estimate e
B. Lateral Estimate e
C. Surface Water Mgmt. $0.075/sf a $3.267
• 7 SANITARY SEWER CONST.
A. Trunk Unit Charge (REU) - 3 units $2,975/unit a $8,925
B. Lateral 165' - Arlo Ln $37/ft a $6,105
C. Assessment - Lois Ln ($19,580/2)*ENR g $10,084
8 WATERMAIN CONST.
A. Trunk Unit Charge (REU) - 3 units $3,854/unit a $11,562
B. Lateral 165' - Arlo Ln $34/ft a $5,610
C Assessment - Lois Ln ($19,580/2)*ENR g $10,084
•
NOTE:
TOTALS: $8,100 $55,636 $0
See Attachment C for security amounts to be posted
a: Cost by City policy
b: Estimated Cost or Budget by City
c. Previously Assessed
d. Cash Requirement per Agreement with Park Board
e: Provided by Developer
f: Estimate by Feasibility Study
g: 2007 sanitary sewer and watermain assessment of $19,580
9,3!2014 Cite of Lino Lakes
ATTACHMENT C
CITY FEES
eDEVELOPER INSTALLED IMPROVEMENTS
PROJECT NAME: Isabell Estates NUMBER OF REU's: 4 (1 Existing)
APPLICANT: John Isabell ASSESSED AREA (ac.): 1
BUDGET DEVELOPER CITY ESCROW
ITEM NECESSARY IMPROVEMENTS COST NOTE IMP. (X) AMOUNT (Y) AMOUNT (Z)
1 PLANNING/REVIEW
A. Planner Review $1.000 b $1.500
2 ADMINISTRATION
A. Administration/Legal/Publications 3% of const. b $1.900
3 ENGINEERING
A. Plan/Plat/Grading Review $1,500 b $1,500
B. Construction Services $1.500 b $1,500
C. Construction Staking $0 b $0
D. City Engineering $2000 b $2.000
4 DEVELOPMENT FEES
A. Park Dedication Fee $2500/unit d $7.500
B. Park Dedication Credit
C. Sealcoating Fee $0.30/SF b
D. Aerial Photo Fee $90/unit b $270
E. AUAR Fee $265/acre a
F. Street Lighting - operation $265/light b
05BOULEVARD TREE PLANTING $465/tree b $1.395
6 DEVELOPMENT SECURITIES
A. Tree Preservation $95/unit b $0
B. Street Lighting - installation 52;500 a
C. Traffic Signing $500 a
D. Street. Storm Sewer. Pond Maint. b $500
SUBTOTAL: $0 $0 $18,065
Grading Only Escrow Credit $0 $0
TOTALS: $0 $18,065
SECURITY AMOUNTS TO BE POSTED Att. B Att. C Total
X = DEVELOPMENT IMPROVEMENT COSTS X 1.25 (PUBLIC SURETY) $10.200 $0 $10,200
Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) $19.500 $0 $19,500
Z = CITY FEES X 1.0 (CASH ESCROW) $0 $18.065 $18,065
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
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9%3/2014 Cite of Lino Lakes