HomeMy WebLinkAboutRES 19-091 APPROVING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR SILVER LAKE VILLAGECITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 19-091
A RESOLUTION APPROVING A PLANNED UNIT DEVELOPMENT AGREEMENT
FOR SILVER LAKE VILLAGE
WHEREAS, Doran SLV, LLC (the "Applicant") submitted an application to the City of
St. Anthony Village (the "City") for approval of an amendment to planned unit development and
site plan approval for a two-phase, 496-unit multifamily housing facility to be constructed on
certain property in the City described as Lot 2, Block 1, Silver Lake Village and Outlot B, Silver
Lake Village, according to the recorded plat thereof and situate in Ramsey County, Minnesota
("Property"); and
WHEREAS, the Applicant's request was initially approved by the City Council on
September 10, 2019 by Resolution No. 19-065, subject to certain conditions; and
WHEREAS, one of the conditions of approval requires the Applicant to enter into a
planned unit development agreement ("PUD agreement") with the City in substantially the form
presented to the City, which relates to the construction of the development on the Property.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony
Village as follows:
1. The PUD Agreement is hereby approved in substantially the form as attached.
2. The Mayor and City Manager are authorized and directed to execute the PUD Agreement
once it is in final form as determined by the City Attorney.
3. The City Manager and City staff are authorized to take such other actions as may be needed
to ensure the Property is developed in accordance with the City's approvals and applicable
regulations.
Adopted this 10th day of December 2019.
ATTEST: i�
Nicole Miller, City Clerk
Reviewed for Administration:
Jerome O. Faust, Mayor
e
Mark Casey, City anager
`1 S. • 9 a.
PLANNED UNIT DEVELOPMENT AGREEMENT
THIS PLANNED UNIT DEVELOPMENT AGREEMENT (this "Development
Agreement"), dated [ }, 2019, by and between the City of Saint Anthony Village,
Minnesota, a statutory city under the laws of the State of Minnesota (the "City"), and Doran
SLV, LLC, a Minnesota limited liability company (the "Developer") (collectively the
"Parties").
RECITALS
WHEREAS, the Developer has made application to the City for approval of the
construction and use of improvements on certain land within corporate limits of the City
legally described on Exhibit A, attached hereto and made a part hereof (the "Property);
and
WHEREAS, the City Council granted a Planned Unit Development ("PUD"),
Preliminary Plat, and Final Site and Building Plan approval to the Developer and use of
improvements for a two-phase, multi -family development as more particularly described
in the foregoing (the "Project"), on the condition that the Parties enter into this
Development Agreement stipulating, among other things, the conditions of approval (the
"Project PUD Approvals") for the Work, including public improvements as well as the
development of on -site improvements, described in this Development Agreement and in
the Environment Assessment Worksheet prepared by WSB & Associates, Inc., Project No.
R-013966-000 (the "EAW") on file in the offices of the City, provided to the Developer,
and incorporated herein by reference, all in accordance with the terms and conditions
hereinafter set forth.
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NOW, THEREFORE, in consideration of the above premises and the mutual
obligations and conditions hereinafter contained, the sufficiency of which is hereby
acknowledged by the Parties, the Parties hereby agree as follows:
Defined Terms
In addition to other terms defined herein, the following terms used in this Development
Agreement shall have the meaning set forth below:
"Project PUD Approvals" means, collectively, those conditions pursuant to which the
City approved the Preliminary Plan for Amendment to the Silver Lake Village PUD, such
conditions listed as items 1-17 in Resolution No. 19-065, adopted by the City on September
10, 2019, a copy of which is attached hereto as Exhibit F.
"Work" means all design and construction services provided or required to be provided
by the Developer, including the improvements and activities described herein, whether
completed or partially completed, and includes all other labor, materials, equipment and
services provided or to be provided by the Developer to properly complete the Plan B
Improvements.
A. Designation of Work and Activities
The "Plan A Activities" (defined in Section B hereof) are activities to be completed at
the expense of the Developer in connection with completion of the Project. Unless
otherwise provided herein, all Plan A Activities shall be performed by or on behalf of
the Developer and are to be maintained by or on behalf of the Developer (or any
successor owner of the applicable portion of the Property) (a "Lot Owner") in
accordance with the provisions of this Development Agreement.
The "Plan B Improvements" (defined in Section C hereof) are infrastructure
improvements to be installed and financed by the Developer and generally consist of
the following, as each is further detailed in the approved construction plans and as the
same may be further defined in Section C: realignment of the existing emergency
overflow outlet storm sewer system from the exiting overflow outlet located from the
western property line of the Property to Silver Lake Road, as further depicted in Exhibit
D attached hereto.
B. Plan A Activities
The Developer will, at the Developer's expense, perform or cause to be performed the
following as "Plan A Activities," with estimated costs and security deposit
requirements as described in Exhibit B attached hereto and made part of hereof by
reference, according to the following terms and conditions:
1. Street Maintenance
The Developer shall be responsible for public street maintenance, including
installation and maintenance of turf and street sweeping, until the Project is
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complete. All adjacent streets shall be maintained free of construction debris and
soil.
2. Erosion Control
a. All development shall conform to the natural limitations presented by the
topography and soil of the Project to create the best potential for preventing soil
erosion. The Developer shall submit an erosion control plan at the time of the
Developer's application for the building permit which shall detail all erosion
control measures to be implemented during construction activities.
b. Erosion and siltation control measures shall be coordinated with the different
stages of the Project. Appropriate control measures which are consistent with
the City's current edition of "General Specifications and Standard Detail Plates
for Street and Utility Construction" (the "General Specifications") in force at
the time the Work is performed, and best practices standards shall be installed
prior to development when necessary to control erosion.
c. The Project shall be developed such that adequate erosion and siltation controls
can be provided as construction progresses.
d. Where topsoil is removed, sufficient arable soil shall be set aside for re -
spreading over the developed area. The topsoil shall be restored to a depth of at
least six (6) inches and shall be of a quality at least equal to topsoil defined in
section SP-5.2.b of the General Specifications.
3. Utility Protection and Repair
a. The Developer shall make all necessary adjustments to utilities (curb stops, gate
valves, catch basins and/or manholes) adjoining any of the Property to bring
them flush with the topsoil (after final grading). The Developer shall be
responsible for replacement of utilities damaged by Developer, its agents,
contractors, or subcontractors, as required by the City.
b. Where excavation and construction on the Property occur in close proximity to
existing utilities, the use of shoring and other means as necessary shall used to
ensure that those utilities are protected during construction.
4. Pond Protection and Repair
Intentionally omitted.
5. Street, Monument, Pathway and Sidewalk Protection and Repair
a. The Developer shall provide and use only rubber -tired equipment on all
adjacent public and private street pavements. The Developer shall be
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responsible for replacement of damaged pavements caused by Developer, its
agents, contractors, or subcontractors, as required by the City.
b. In the event the Project is occupied prior to the completion of all public street
entrances and fire lanes, the Developer shall maintain a smooth driving surface
and adequate drainage on all temporary drives and fire lanes.
c. In the event any iron monuments are, subsequent to the initial installation,
damaged or disturbed by the construction activities of the Developer, the
Developer shall be responsible for repair and replacement of such iron
monuments.
6. Street Sign and Light Maintenance
Warning signs shall be placed when hazards develop on adjacent streets. The
Developer shall furnish, install, maintain and remove traffic control devices to
provide safe pedestrian and vehicular movement through the Project as well as
direct attention to necessary detours. If and when the adjacent street becomes
impassible, such streets shall be barricaded and closed as directed by the City. All
traffic control devices shall conform and be installed in accordance to section GR-
24 of the General Specifications.
7. General
a. Construction
All Plan A Activities shall be completed in general accordance with the plans
approved by the City or subsequent City approvals and relevant City policies,
ordinances and construction specifications as described in the General
Specifications.
b, Inspection
All PIan A Activities shall be under and subject to the inspection and approval
of the City and, where appropriate, any other governmental agency having
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jurisdiction, such approvals not to be unreasonably withheld, conditioned or
delayed.
c. Easements
All permanent and temporary easements over the Property that are necessary
for the maintenance of the Plan A Activities shall be provided by the Developer
at no cost.
d. Faithful Performance and Construction Contracts
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,
construction and maintenance of all Plan A Activities on any of the Property.
8. Plan A Security
In order to secure the performance of the construction and installation of the Plan
A Activities, concurrently with the execution hereof by the Developer, the
Developer will furnish to and at all times thereafter maintain with the City one or
more irrevocable letters of credit in the total aggregate amount of $50,000.00,
which is based upon 125% of the total estimated cost for Plan A Activities (the
"Plan A Security"), as indicated in Exhibit B. The Plan A Security shall be for the
exclusive use and benefit of the City, subject to Sections B.9 and B.10 below.
9. Default
The cure period for street sweeping, pathway or sidewalk clearing, street sign
maintenance and erosion control shall be 24 hours after notice to the Developer
from the City, and the cure period for street protection, monument replacement,
pathway and sidewalk repair, street light repair, landscaping, and utility protection
and repair shall be 30 days after written notice to the Developer from the City;
provided, however, if such matter cannot reasonably be cured within the applicable
time period, then the Developer shall be afforded such additional period of time to
cure such matter as the City determines is reasonable under the circumstances (the
"Plan A Grace Period") and shall diligently prosecute and complete the cure
thereof. Any activity not cured within the applicable cure period or Plan A Grace
Period shall constitute a default hereunder. Notwithstanding the foregoing, the
Parties acknowledge and agree that weather conditions or other issues or conditions
beyond the control of the Developer ("Adverse Conditions") may affect the ability
of the Developer to perform the Work required to be performed hereunder, and
agree that the applicable cure period or Plan A Grace Period shall not include those
days on which such Adverse Conditions preclude performance by the Developer.
The City reserves the right to draw in whole or in part on any portion of the Plan A
Security for the purpose of payment of costs incurred by the City resulting from a
default after providing the Developer with 10 days prior written notice of its intent
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to do so. All Plan A Security may be used to cure any Plan A Activity for which
the Developer is in default.
10. Reduction of Security for Plan A Activities
The Developer may request reduction for the Plan A Security as development of
the Project progresses. If requested, the City will perform an evaluation of the Work
completed at no charge to the Developer once per calendar year. If additional
evaluations are requested, the Developer will be responsible for the estimated costs
incurred by the City for performing the additional evaluations. The amount of
reduction will be reasonably determined by the City based on the percentage of the
Plan A Activities completed and based on developed lot area relative to the Project
area as a whole. In no case shall the Plan A Security be reduced to less than $25,000
until all of the activities and obligations set forth in Exhibit B have been fulfilled.
Promptly upon completion of the Plan A Activities in all material respects as
reasonably determined by the City (and in no event more than 30 days after such
completion in all material respects), the City shall return the remaining Plan A
Security to the Developer.
C. Plan B Improvements
The Plan B Improvements, as described in Section A above (which are also detailed in
the approved construction plans), will be constructed by or on behalf of the Developer
and financed by the Developer. The Plan B Improvements will be constructed
according to the following terms and conditions outlined in this Development
Agreement and the ordinances, policies, plans and construction specifications as
described in the General Specifications.
1. Plan B Improvement Costs
The Developer shall be responsible for all Plan B Improvement Costs associated
with realignment of the existing emergency overflow outlet storm sewer pipe
related to the Project. For the purpose of this Development Agreement, "Plan B
Improvement Costs" include, but are not limited to, engineering, design, inspection,
testing, surveying, project -related legal costs, administrative costs as further
specified in this Development Agreement, construction, restoration and financing
costs necessary to implement the realignment of the existing emergency overflow
outlet storm sewer pipe. The Plan B Improvement Costs and security requirements
therefor are attached hereto as Exhibit C.
2. Temporary Construction Easements and Permanent Utility Easements
The Developer shall dedicate to the City, at no cost, all temporary construction
easements and permanent utility easements on the Property necessary for the
construction and maintenance of Plan B Improvements. The City agrees to take all
steps necessary to vacate the existing drainage and utility easement running across
the center of the Property as depicted on the plat of Silver Lake Village, conditioned
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on the completion of the Plan B Improvements and the grant of a new drainage and
utility easement as provided in this Section C.2.
3. Plan B Security
Developer shall cause the construction of the Plan B Improvements in accordance
with all applicable laws in force at the time of Developer's performance, including
all applicable standards of the City and any other governmental entity having
jurisdiction over the construction of the Plan B Improvements. The Developer shall
complete construction of the Plan B Improvements prior to commencement of
construction of Phase II of the Project. As used herein, "commencement of
construction" shall mean the pouring of footings and foundations for Phase II of
the Project. The Developer shall maintain the existing emergency overflow outlet
storm sewer pipe throughout the construction of the Plan B Improvements.
Construction of the Plan B Improvements may require temporary bulk heading of
the upstream manhole during connection of the Plan B Improvements to the
existing system however, temporary bulkhead operations shall be limited to prevent
excessive backup and must be removed at the end of each construction day. The
Developer shall use commercially reasonable efforts to commence construction of
the Plan B Improvements promptly after execution of this Development Agreement
and to coordinate the schedule for completion of the Plan B Improvements to ensure
that the completion date is achieved.
Notwithstanding the foregoing, no Plan B Improvements shall be commenced
under this Development Agreement until the Developer has established one or more
irrevocable letters of credit in an amount equal to one hundred twenty-five percent
(125%) of the total Plan B Improvements (the "Plan B Security"). The Plan B
Security shall be for the exclusive use and benefit of the City, as provided in Section
C.4. below.
4. Payment/Default
The Developer shall perform the Plan B Improvements in accordance with this
Development Agreement.
Failure by the Developer to construct the Plan B Improvements within the time
period provided in this Development Agreement shall constitute an event of default.
The cure period for an event of default in connection with the Plan B Improvements
shall be 30 days after written notice to the Developer from the City; provided,
however, if such matter cannot reasonably be cured within such cure period, then
the Developer shall be afforded such additional period of time to cure such matter
as the City determines is reasonable under the circumstances (the "Plan B Grace
Period") and shall diligently prosecute and complete the cure thereof.
Notwithstanding the foregoing, the Parties acknowledge and agree that Adverse
Conditions may affect the ability of the Developer to perform the Work required to
be performed hereunder, and agree that the applicable cure period or Plan B Grace
Period shall not include those days on which such Adverse Conditions preclude
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performance by the Developer. The City reserves the right to draw in whole or in
part on any portion of the Plan B Security for the purpose of payment of costs
incurred by the City resulting from a default not cured by the Developer within the
applicable cure period or Plan B Grace Period after providing the Developer with
10 days' prior written notice of its intent to do so.
Promptly upon completion of the Plan B Improvements in all material respects as
reasonably determined by the City (and in no event more than 30 days after such
completion in all material respects), the City shall release any remaining balance of
the Plan B Security to Developer. Additionally, upon such completion, the
Developer shall deliver to the City a two (2) year maintenance bond in an amount
reasonably suitable to ensure the quality of the Work for the Plan B Improvements
during such two-year period.
D. Fixed Fee
In addition to the Plan A Security and Plan B Security, the Developer shall deposit
with the City a fixed amount equal to the estimated costs to be incurred by the City
for planning, engineering services, inspection, supervision and administration costs
as shown on Exhibit E (the "Fixed Fee").
The Fixed Fee shall be deposited with the City by the Developer within three (3)
days after the City's execution of this Development Agreement. Upon notification
by the City that the Fixed Fee balance has been depleted, the Developer shall submit
additional amounts to reimburse any additional charges in cured by the City in
connection with the Project.
E. Schedule of Work; General Provisions
1. The Developer shall submit a written schedule indicating the progress schedule and
order of completion of the "Plan A Activities" and the "Plan B Improvements"
consistent with the terms of this Development Agreement. It is further agreed that
upon receipt of written notice from the Developer of the existence of causes which
are not the result of Developer's or its agents', contractors', or subcontractors'
negligence or intentional acts, or for which the Developer has no control and which
will delay the completion of the Work, the City Council, at its reasonable discretion,
may extend the dates herein before specified for completion and that any security
required shall be continued by the Developer to cover the Work during this
extension of time. It is distinctly understood and agreed that all work covered by
this Development Agreement shall be done at no expense to the City except as may
be provided in the Project PUD Approvals provided in Exhibit F and incorporated
herein by reference. Copies of all bids, change orders, contracts, progress payment
verification, suppliers, subcontractors, etc. relating to the Work shall be forwarded
to the City Engineer for his or her files.
2. The Developer shall not do any work or furnish any materials not covered by the
plans and specifications and Project PUD Approvals, for which reimbursement is
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expected from the City, unless such work is first ordered in writing by the City
Engineer as provided in the plans and specifications.
3. Any such work or materials which may be done or furnished by Developer or its
contractor(s) without such written order first being given shall be at its/their own
risk, cost and expense, and the Developer hereby agrees that without such written
order it will make no claim for compensation for work or materials so done or
furnished.
4. Upon completion of the Work, the City Engineer or his designated representative,
a representative of the contractor, and a representative of the Developer's engineer
will make a final inspection of the Work. Before final payment is made to the
contractor, the City Engineer shall be satisfied that all Work is satisfactorily
completed in accordance with the approved plans and specifications; and the
Developer's engineer shall submit a written statement attesting to same.
Upon making final payment, the Developer shall submit certification that the
Project is free of claims, liens and any other encumbrances. The Developer shall
submit record plan drawings of the Plan B Improvements to the City Engineer
within thirty (30) days after final inspection and acceptance.
The City Council of the City and its agents or employees shall not be personally
liable or responsible in any manner to the Developer, the Developer's contractor(s)
or subcontractor(s), material men, laborers or to any other person or persons
whomsoever, for any claim, demand, damages, actions or causes of action of any
kind or character arising out of or by reason of the execution of this Development
Agreement or the performance and completion of the Work and the improvements
provided herein. The Developer will save the City harmless from all such claims,
demands, damages, actions or causes of actions or the costs, disbursement and
expenses of defending the same, specifically including, without intending to limit
the categories of said costs, cost and expenses for City administrative time and
labor, costs of consulting engineering services and costs of legal services rendered
in connection with defending such claims as may be brought against the City,
except for those claims or actions arising out of the City's, its agents' or employees'
negligence or bad faith conduct.
5. Street and sidewalk construction
The City has adopted a street and sidewalk construction policy which details
practices and standards for new residential areas. The policy includes concrete curb
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and sidewalk construction and inspection criteria, which will be used to accept said
improvements. These criteria apply to both public and private streets.
F. Miscellaneous Requirements and Commitments
1. Other Permits
The Developer shall be responsible for securing all necessary approvals and permits
from all appropriate federal, state, regional and local jurisdictions prior to the
commencement of construction of the Project.
2. Work
All labor and work shall be done and performed in a good and workmanlike manner
and in strict conformance with the approved plans and specifications on file with
the City. No material deviations from the approved plans and specifications will be
permitted unless approved in writing by the City engineer, such approval not to be
unreasonably withheld, conditioned or delayed.
3. Testing
The Developer shall provide all staking, surveying and material testing for the
above described improvements to ensure that the completed improvements
conform to the approved plans and specifications. The City will provide for
overview inspection and shall be notified of all tests to be performed and the
Developer and the City will be provided with copies of all test results. Any
additional testing and inspection that is required by the City shall be provided by
the Developer at the Developer's expense.
4. Grading
a. Finished grading will be performed for all building sites, common green and
open spaces, all private driveways and storm water management facilities in
accordance with the approved grading, drainage and site plans.
b. Grading will be performed pursuant to the City's Land Disturbance Ordinance
and the land disturbance permit issued by the City.
5. Pathways and Sidewalks
The Developer shall be responsible for installing the pathways and sidewalks within
the Project. Subsequent to installation, the pathways and sidewalks within the
Project shall be maintained by the Developer or Lot Owner. Such maintenance shall
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include but not be limited to promptly removing ice and snow, other obstructions,
and repair and replacement as necessary to ensure the safe passage of pedestrians.
6. Iron Monuments
The Developer shall place iron monuments at all lot and block comers 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.
7. Landscaping
The Developer shall provide a cash landscaping surety in the amount of $25,000.00
to secure the plantings onsite. The City shall hold the escrow for a minimum of two
growing seasons and shall promptly release the escrow following such second
growing season and an inspection and confirmation that all proposed plantings are
in good health and condition.
8. Maintenance
The Developer shall cause the applicable party under that certain Amended and
Restated Reciprocal Easements Agreement, dated April 30, 2004, recorded in the
office of the County Recorder in and for Ramsey County on May 4, 2004 as
Document No. 3751784, as amended from time to time, to maintain all private
water, sanitary sewer, storm sewer infrastructure, storm water infiltration and
ponding, and, if available to Developer, shall provide inspection records if
requested.
G. Other Developer Financial Responsibilities: Metropolitan Council Sanitary Sewer
Availability Charge (SAC)
The Developer shall pay all Metropolitan Council sanitary sewer related charges at
the rate in effect at the time the building permits are issued.
H. General
1. Conditions of Approval
All Project PUD Approvals are the obligation of the Developer. These conditions
are listed as items 1-17 in the resolution provided in Exhibit F and are made a part
of this Development Agreement by reference, as fully as if set forth herein in full.
2. Binding Effect
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 Project and shall be deemed
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covenants running with the land. References herein to the Developer, if there be
more than one, shall mean each and all of them.
3. Defective Material or Labor
In case any material or labor supplied by the Developer shall be defective or
unsuitable, then the City may reject the same, in which event such rejected material
shall be removed and replaced with approved materials and the rejected work shall
be done anew to the specifications and approval of the City and at the sole cost and
expense of the Developer.
I. Indemnification
The Developer shall and does hereby indemnify, defend and hold the City, its Council,
agents, employees, attorneys and representatives harmless against and in respect to any
and all claims, demands, actions, suits, proceedings, losses, costs, expenses,
obligations, liabilities, damages, recoveries and deficiencies, including interest
penalties and attorney's fees, including without limitation, any litigation which may be
commenced by the Developer that the City incurs or suffers which arises out of, results
from or relates to any of the following:
1. Failure by the Developer to observe or perform any covenant, condition, obligation
or agreement on its part either jointly or severally to be observed or performed
under this Development Agreement.
2. Failure by the Developer to pay Developer's contractors, subcontractors, laborers
or material men.
3. Failure by the Developer to pay for materials that Developer has ordered.
4. Approval by the City of the PUD plans, the final plat plans and other PUD
conditions.
5. ApprovaI by the City of any final plat.
6. Failure to obtain necessary permits and authorizations to construct the Plan A
Activities.
7. Construction of the Project.
8. All costs and liabilities arising because building permits were issued prior to the
completion and acceptance of the improvements or because there were delays in
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completion of the improvements caused by the Developer, their contractors,
subcontractors, materialmen, employees, or agents.
J. Developer's Default
Developer defaults shall be addressed as provided in Sections B.9. and C.4. hereof.
Notice to the Developer shall constitute, without further action, notice to any of
Developer's contractors or subcontractors. This Development Agreement is a license
for the City to act. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part. If deemed impractical by the City,
the above notice requirements shall not be required for the City to control erosion
problems.
K. Miscellaneous
Breach of any material term of this Development Agreement by the Developer shall be
grounds for denial of building permits. The City shall give the Developer thirty (30)
days' written notice, prior to exercising its right to deny permits.
1. If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Development Agreement is for any reason held invalid as a result of a challenge
brought by the Developer, its agents or assigns, the City may, at its option,
declare this entire Development Agreement null and void, and approval of the
preliminary plat and final development plan shall thereby be revoked.
2. This Development Agreement shall run with the Property and may be recorded
in the office of the County Recorder in and for Ramsey County.
3. This Development Agreement shall liberally be construed to protect the public
interest.
4. Within ten (10) days after the later of approval of this Development Agreement
and the recording of a deed vesting fee title in and to the Property in the name
of the Developer, the Developer shall record this Development Agreement as
provided in this Section, and no permits for the Project will be issued until proof
of filing of this Development Agreement is submitted to the City.
L. Notices
Required notices to the Developer shall be in writing and shall be mailed to the
Developer by certified or registered mail at the following address:
Doran SLV, LLC
7803 Glenroy Road, Suite 200
Bloomington, MN 55439
Attn: Kelly Doran and Evan Doran
With a copy to:
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Doran SLV, LLC
7803 Glenroy Road, Suite 200
Bloomington, MN 55439
Attn: Legal Department
Notices to the City shall be in writing and shall be mailed by certified or registered
mail, in care of the City Manager, at the following address:
City of Saint Anthony Village
3301 Silver Lake Road
St. Anthony Village, Minnesota 55418
M. Replat
The City agrees to cooperate in good faith with Developer in connection with any replat
of the Property, including, without limitation, any replat that seeks to divide the
Property into two or more separate parcels.
[SIGNATURE PAGES TO FOLLOW]
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
STATE OF MINNESOTA
ss.
COUNTY OF RAMSEY )
City of Saint Anthony Village, a Minnesota
municip orporation
Y•
J rome O. Faust
Its: Mayor
AND
By: 4
Mark Casey
Its: City Manager
The foregoi g instrument was acknowledged before me on this ) 0 day of
LU/lb , 2019, by Jerome O. Faust, Mayor, and Mark Casey, City Manager, on behalf
of the City of Saint Anthony Village, a Minnesota municipal corporation.
e; -64 9/7i-i
Not Public
Expiration Date of Commission 1I "t
NICOLE L. MILLER
NOTARY PUBLIC • MINNESOTA
My Commission Expires Jan, 31, 2022
S-1 Signature Page to Development Agreement
623964v4
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument
, 20_
)
a Minnesota limited liability
SLV, LLC, a Minnesota limited
liability company
By:
Kelly J. Doran
Its: Chief Manager
ss.
was acknowledged before me on this day of
_, by Kelly J. Doran, the Chief Manager of Doran SLV, LLC,
company, on behalf of such limited liability company.
Notary Public
Expiration Date of Commission
S-2 Signature Page to Development Agreement
623964v4
CONSENT AND SUBORDINATION
The undersigned, being the owner and holder of that certain [Insert Name of Security
Instrument] by and between Doran SLV, LLC, a Minnesota limited liability company, as
mortgagor and [Insert Name of Bank], as mortgagee, dated [Insert Date] and recorded
[Insert Recording Date] in the office of the Hennepin County Recorder as Document No.
[Insert document Number], does hereby consent to the Planned Unit Development
Agreement dated , 20_ (the "Development Agreement"), to which this
Consent is attached and agrees that its rights in the property affected by the Development
Agreement shall be subordinated thereto.
IN WITNESS WHEREOF, the undersigned has executed this Consent and
Subordination as of the day of , 20 .
[Insert Name of Bank]
By:
Print Name:
Its:
STATE OF
) ss
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20, by the
of [Insert Name of Bank].
Notary Public
623964v4
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 2, Block 1, Silver Lake Village, according to the recorded plat thereof and situate in
Ramsey County, Minnesota.
Property 1.D. No. 31-30-23-34-0028
AND
Outlot B, Silver Lake Village, according to the recorded plat thereof and situate in Ramsey
County, Minnesota.
Property 1.D. No. 31-30-23-34-0030
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EXHIBIT B
PLAN A ACTIVITIES AND SECURITY REQUIREMENTS
Description of Activity Reference
Street Maintenance Section B.1
Erosion Control Section B.2
Utility Protection and Repair Section B.3
Pond Protection and Clearing Section BA
Street, Monument, Pathway and Sidewalk Protection and Repair Section B.5
Street Sign and Light Maintenance Section B.6
Total Estimated Cost $40,000
Plan A Cash Security Required (125%) $50,000
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EXHIBIT C
PLAN B IMPROVEMENT COSTS AND SECURITY REQUIREMENTS
Plan B Improvement Costs consist of all estimated costs necessary to implement the realignment
of the existing emergency overflow outlet storm sewer pipe described in the Development
Agreement, specifically:
Engineering: $8,500.00
Design: Included in Engineering.
Inspection: $2,500.00
Testing: $0.00
Surveying: $1,500.00
Legal: $4,500.00
Administrative costs: $3,000.00
Construction: $75,000.00
Restoration: Included in Construction.
Financing: N/A
Total Estimated Plan B Improvement Costs: $95,000.00
Security Requirement (125% of Total Plan B Improvement Costs): $118,750.00
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EXHIBIT D
DEPICTION OF PLAN B IMPROVEMENTS
[Remainder of page intentionally blank.]
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EXHIBIT E
FIXED FEE DETAIL
ENGINEERING:
NAC/Planning Fees and Escrow: Final Plan review (November and December billing estimate),
plus follow-up: $6,000.
WSB/Engineering Fees and Escrow: Weekly Erosion Control Inspections to satisfy the NPDES
permit and City's MS4
• Erosion Control Inspections = $82/hr x 156 hrs = $12,792
City Engineer meetings, inspections, plan review & administration
• City Engineer = $166/hr x 50 hrs = $8,300
• Civil Site Review = $124/hr x 24hrs = $2,976
• Water Resources Review = $146 x 16hr = $2,336
• Construction Inspection of Nan B Improvements = $78/hr x 60hrs = $4,680
Total Estimated Engineering Services = $31,084
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EXHIBIT F
CITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 19-065
A RESOLUTION APPROVING A REQUEST FOR A PRELIMINARY PLAN STAGE
PUD, CONS1TUTING AN AMENDMENT TO THE SILVER LAKE VILLAGE PUD,
FOR THE SILVER LAKE VILLAGE MULTI -FAMILY RESIDENTIAL PROJECT OF
464 DWELLING UNITS AT3800 SILVER LAKE ROAD
WHEREAS, the City of St. Anthony Village received a request from Doran SLV for an
amendment to the Silver Lake Village PUD, redeveloping the site from a retail facility to a
multiple family residential development of up to 464 dwelling units in two buildings at 3800
Silver Lake Road. legally described as follows:
Lot 2, Block 1, and Outlot 13, Silver Lake Village: and
WHEREAS, the property consists of approximately 13 acres is located in the Silver Lake
Village PUD district; and
WHEREAS. Lot 2 is currently occupied by a vacant retail facility; and
WHEREAS, the applicant has conducted an Environmental Assessment Worksheet for the
proposed project: and
WHEREAS, the St. Anthony Village City Council has adopted a negative declaration for the
need for an EIS; and
WHEREAS, the project would be consistent with the St. Anthony 2040 Comprehensive Plan
related to the conversion of this portion of the Silver Lake Village PUD from commercial use to
multiple family residential use; and
WHEREAS. the density of the proposed project is consistent with the Comprehensive Plan
density range for such use; and
WHEREAS. the Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission held a public hearing on August 20, 2019 on the
application and the applicant and members of the public were provided the opportunity to present
information to the Planning Commission: and
WHEREAS. the Planning Commission recommended approval of the Preliminary Plan PUD
with the conditions noted in the Staff report. and as modified below; and
WHEREAS, the City Council makes the following findings of fact in support of the resolution
for approval:
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1. The property is located in an area of mixed commercial and residential use.
2. The proposed improvements to the property are consistent with the character of the
neighborhood in which it is located.
3. The various aspects of the proposed development are consistent with requirements of the
City's high density housing requirements, or are supported by the goals and objectives of
the requirements for PUD consideration, and the long-term expectations of the Silver
Lake Village PUD.
4. With the modification to the site plan under conditions as recommended by the Planning
Commission, the proposed improvements constitute a reasonable use of the property.
5. The redevelopment of the Walmart site has been an important objective for the
community, including a highlighted goal of the Comprehensive Plan.
6. The proposed PUD will accommodate reasonable use without negative impacts on
neighboring property nor on public improvements and services.
NOW THEREFORE MAY IT BE RESOVLED, that the City Council of the
City of St. Anthony Village accepts the findings and recommendations documented in the staff
report and approves Preliminary Plan for Amendment to the Silver Lake Village PUD as shown
on the plans submitted on July 22, 2019 and July 29, 2019, at 3800 Silver Lake Road NE:
1. An access easement shall be in place to accommodate the northerly access to the
subject site. Proof of such access easement shall be provided to the City as a part of
the original or amended PUD documentation.
Access -related issues shall be subject to comment and recommendation by the City
Engineer.
3. As a part of the Final PUD Plan submission, a plan of the enclosed parking area
shall be submitted for City review.
4. The City finds that the proposed parking supply (and the deficit based on ordinance
requirements) is adequate to serve the facility. The City will continue to research
the parking demand to determine whether a lesser parking supply can properly
serve the project in an effort to reduce impervious surface coverage on the property.
5. Internal parking stalls which exhibit "bumper to bumper" or "bumper to wall"
conditions should be increased from 18 to 19 feet in depth, where possible.
6. Final PUD Plans demonstrate compliance with ADA parking supply requirements
(for disabled persons).
7. City Officials find the proposed five -story apartment building heights to be
acceptable (within the context of the PUD).
8. Sample floor plans be submitted which demonstrate compliance with applicable
minimum floor area requirements of the Building Code.
9. Details regarding the design of the clubhouse and pool building shall be submitted
for City review.
10. As a part of the Final Plan submission, the submitted landscape plan be expanded to
specify plant varieties and sizes.
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1 I . Consideration be given to accentuating the primary entrance to the site via an
intensified landscaping plan and other elements. Specifically, consideration be
given to enhanced architectural features as well as provision ofa landscape median
near the eastern entrance to the site, between the garage entrance driveways and the
sidewalk crossing to the east.
12. As part of the Final PUD Plan submission, a lighting plan be submitted for review
which demonstrates compliance with City requirements.
13. As part of the Final PUD Plan submission, a signage plan be submitted for review
which demonstrates compliance with City requirements,
14. The applicant provide information regarding trash handling activities.
15. Issues related to grading, drainage and utilities shall be subject to comment and
recommendation by the City Engineer.
16. The applicant enter into a PUD agreement with the City and post all the necessary
securities required by it.
17. Consideration of comments of other City Staff
Passed in regular session of the City Council on the 101h day of September 2019.
ATTEST:
Nicole Miller, City Clerk
Review for Administration:
144
Mark Casey. City Maifager
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