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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). 1 • • 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 • • 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 • • 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 3/5 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: • • • • 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. • 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 • 1 • 60 60 M„iiZ,LZ 69N 01 n c 01 U 0 O slga panoiddo puo palioago 0 O 00 01 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 Minnesoto Statutes. Section 505.03, Subd. 2 a 0 0 N 00'3 3' 15"E 294.00 9 2-'49 N- c via.?* m FR 5-04"k' fl n,p r ° ° N 7C 5 S3 �m rho ort � N 0 N O o1 -" (gyp C (T S y fT CCCO 7 • aan Q 2 - N 5 7 p ❑ S • n fp . 1; 0n gc p„.,02.0 0 ' N p 0 I D • ° v❑c a p ° SO ]g.- 7 N n n S -2 N O � O g nsv 7- ❑ 9 g a a n c, N 7.c - faqd 10 Ov N fA p ❑ � nSn n j V 0.0: Ip 7 A � 7 QO,A O V1 g i O m g o N"a.. a N y D N O N o}osauum 'Aluno0 9 o ID O 5 3 1* ❑ 0 n F 0 0 m a a.m Q ° 19 3 reN 0 albuls o 'llagosl uop Xq ---oOZ 30 llagosl uop said Jon Isobel, hos hereunto set his hand this a ❑ O 0 0 w 0 8 r 132.00 �y ^3 W 1` 1 L 132.00 1 8 O `0 J r 8 N00'33'15"E 132.00 r co 132.00 L 132.00 0 1 J 01 r N00'33'15"E F}- 1) 132.00 --J rA N • 0 Lei tX14 r (1 r§ 1;4 ��1 X6':V i 9m a 81, Vi,! io E n4 294.00 500'33' 15"W 30.00 e�00_ 9t 33'.44Z�LZZ-5BBSST X31 �L V7 O l Q Y r 30.00 30 e 1: a g JanaJo) asn oygnd HENRY LANE 60 nYDS 3IHd'd23O • 30 • Lot 3 Block 1, MAR DON ACRES, Anoka County. Minnesota. "6-6 O a z N O w o -3 0 C N r'1 D rn D ° ID ° 0 m v O 0 i O 0 O is X padoid pagfnsap Su! 5' v, y y • • • 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." • 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. page 2 • 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 page 3 • 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: page 4 • 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 page • 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 page 6 • • 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 page 7 • 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 page 8 • Isabel] Estates 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 • 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 • 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 • • 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 • ATTACHMENT A Final Plat Isabell Estates ISABELL ESTATES 12.3. or ON OP .33 fr.*. 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TOP. 31, R 22 1 117 «RAY= 7:117.1.:41:31:.`:81TX: or • • 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 • 9%3/2014 Cite of Lino Lakes