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HomeMy WebLinkAbout#21 - Lake Elmo Senior Living Security ReductionDATE: November 16, 2021 CONSENT AGENDA ITEM: Accept Improvements and Approve Security Reductions for Lake Elmo Senior Living (Independent Living). SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Molly Just, Planning Director Marty Powers, Public Works Director Sam Magureanu, Finance Director Chad Isakson, Assistant City Engineer ISSUE BEFORE COUNCIL: Should the City Council accept the improvements and approve security reductions for the Lake Elmo Senior Living (Independent Living)? PROPOSAL DETAILS/ANALYSIS: Staff has received and processed a request to accept the improvements and reduce the security for the Lake Elmo Senior Living. This request has been reviewed and is being recommended for approval in accordance with the approved Site Improvement Agreement. The Site Improvement Security amount is recommended to be reduced as follows: Current Security Amount Proposed Security Amount 1. Lake Elmo Senior Living $ 252,300 $ 135,989 The Lake Elmo Senior Living (Independent Living) is in the warranty period as identified on the attached Certificate of Completion. Twenty-five percent (25%) of the original security amount will be retained until the warranty period has expired on February 2, 2023 for public sewer and water and November 16, 2022 for street construction. Landscaping security has also been reduced to twenty-five percent (25%) of the original security amount per direction from the Planning Director. FISCAL IMPACT: It is the City’s goal to retain at all times during the subdivision improvements a security amount that is adequate to ensure completion of all elements of the improvements as protection to the City tax payers against the potential of developer default. RECOMMENDATION: Staff is recommending that the City Council, as part of the Consent Agenda, accept the improvements and approve the security reductions as detailed in the attached worksheet for the Lake Elmo Senior Living (Independent Living), contingent on the developer being current with all other payments and obligations in accordance with the Site Improvement Agreement, including a positive escrow balance as required by the City. If removed from the consent agenda, the recommended motion for the action is as follows: “Move to accept the improvements and approve the security reductions as detailed in the attached worksheet for the Lake Elmo Senior Living (Independent Living), contingent on the developer being current with all other payments and obligations in accordance with the Site Improvement Agreement, including a positive escrow balance as required by the City”. ATTACHMENTS: 1. Certificate of Completion – Lake Elmo Senior Living (Independent Living). 2. Security Reduction Worksheet – Lake Elmo Senior Living (Independent Living). CERTIFICATE OF COMPLETION DATE OF ISSUANCE: NOVEMBER 16, 2021 OWNER: CITY OF LAKE ELMO, MN DEVELOPER: LAKE ELMO INDEPENDENT LIVING, LLC SUBDIVISION NAME: LAKE ELMO INDEPENDENT LIVING, LLC (39TH STREET) PROJECT NO.: 2019.117 This Certification of Completion applies to all work under the Site Improvement Agreement This Certification of Completion applies to the following specified parts of the Site Improvement Agreement Section 29.A – Public sewer and water Section 29.B – Street construction, including the repairs to 39th Street and concrete curb and gutter I do hereby certify that the work to which this Certificate applies has been constructed in accordance with the Site Improvement Agreement dated April 9, 2020. The above-mentioned improvement is hereby declared to be complete and acceptance of this work is recommended. DATE OF COMPLETION: November 16, 2021 Chad Isakson Reg. No. 49028 FOCUS Engineering, inc. Section 29.A Warranty Period Begins Section 29.B Warranty Period Begins February 2, 2021 November 16, 2021 and ends and ends February 2, 2023 November 16, 2022 LAKE ELMO SENIOR LIVING Time of Performance: October 31, 2021DEVELOPMENT AGREEMENT AMOUNTSCATEGORY CONSTRUCTION 125% REMARKS #1 #2 #3 #4 #5 #6Grading $205,000 $256,250100%$256,250Sanitary Sewer $99,700 $124,62575%$62,313 $31,156Watermain $115,000 $143,75075%$71,875 $35,938Storm Sewer (w/pond structures) $134,600 $168,25075%$84,125 $42,063Street and Trail Cut at Entrance$10,000 $12,50075%$6,250 $3,125Bituminous Trails NA NASurface Water Facilities NA NAStreet Lighting NA NAStreet Signs and Traffic Control Signs NA NAPrivate Utilities (electricity, natural gas, telepNA NALandscaping $46,865 $58,581 $43,936Tree Preservation and Restoration NA NAWetland Mitigation and Buffers NA NAMonuments $1,000 $1,25075%$938Erosion Control $20,000 $25,00075%$18,750Record Drawings $8,000 $10,00075%$7,500TOTALS $640,165 $800,206RELEASED AMOUNTS:$224,563 $67,094 $256,250 $116,311CUMMULATIVE AMOUNTS:$224,563 $291,656 $547,906 $664,217SECURITY AMOUNT REMAINING:$575,644 $508,550 $252,300 $135,989DATE: 1/19/2021 2/2/2021 9/7/2021 11/16/2021REDUCTIONS