HomeMy WebLinkAbout2006-08-22 Re-Recorded Development Agreement WC Document 3602491 3602491
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RE-RECORDED CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,
MINNESOTA DEVELOPER'S AGREEMENT
Re-recording to have the agreement filed against the Plat of Pine Grove Gardens.
Originally recorded on June 21, 2006, as Document No. 3591694. ff)
Washington County Auditor's Office
%Assessment,Taxpayer Services
&Elections Department
AUG 2 2 2006
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CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this ,,-'"day of May, 2006, by and between
the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota(the
"City"), and Oak Park Heights Development LLC, (the "Developer").
WITNESSETH;
WHEREAS, the Developer has made application to the City Council for approval of the
Concept and General Plan of Development and Final Plat of a plat of land within the corporate limits
of the City described as follows:
PINE GROVE GARDENS
See Attached Exhibit A
(the "Subdivision"); and,
WHEREAS,the City Council has on May 24, 2005, granted approval to the Subdivision, on
the condition that the Developer enter into this Agreement stipulating the conditions for the
installation of street, water, sewer and other public improvements as well as the development of on-
site improvements hereinafter described, all in accordance with the terms and conditions hereinafter
set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Designation of Improvements: Improvements to be installed at Developer's expense by the
Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements".
Improvements to be installed by the City and paid for by Developer are hereinafter referred to as
"Plan B Improvements".
I. PLAN A IMPROVEMENTS: The Developer will construct at Developer's
expense the following improvements under Plan A according to the following terms
and conditions:
A. The Developer shall do all site grading, common greenway and open spaces,
storm water storage ponds, surface drainage ways and all private driveways
including sodding of boulevards, all in accordance with the approved
grading, drainage and site plan. A grading plan with maximum two (2) foot
contours, pad elevations, drainage provisions, erosion control provisions and
cross sections, as necessary, shall be submitted to and approved by the City
prior to commencement of any site grading. Any changes to the grading plan
during construction shall be submitted to the City for approval. Each
raft., �.
building site must conform to the grading plan approved by the Building
Inspector of the City of Oak Park Heights prior to a building permit being
issued.
B. The Developer shall control soil erosion ensuring:
1. All development shall conform to the natural limitations presented by
the topography and soil of the subdivision in order to create the best
potential for preventing soil erosion. The Developer shall submit an
erosion control plan, detailing all erosion control measures to be
implemented during construction, said plan shall be approved by the
City prior to the commencement of site grading or construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City Engineer shall be installed prior to development
and as may be necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
4. Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be restored
to a depth of at least four(4) inches and shall be of a quality at least
equal to the soil quality prior to development.
5. The Developer shall not locate its equipment within the right-of-way
of Oakgreen Avenue adjacent to this development without the
express written consent of the City Engineer.
C. 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 replaced
after all street and lawn grading has been completed in order to preserve the
lot markers.
D. The Developer shall be responsible for maintaining the location of and
protecting curb stops,water services and sewer services. Any service or curb
stop damaged shall be repaired or replaced as specified by the City. The
Developer shall make all necessary adjustments to the curb stops to bring
them flush with the topsoil (after grading)or driveway surface.
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E. The Developer shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City. Final
landscaping plans must be submitted to the office of the City Planner for
approval .
F. The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All streets
shall be maintained free of debris and soil until the subdivision is completed.
Warning signs shall be placed when hazards develop in streets to prevent the
public from traveling on same and directing attention to detours. The repair
of any damage done to the streets or public utilities by Developer or any of
its Contractors or Subcontractors, shall remain the financial responsibility of
the Developer.
G. The Developer shall furnish site lighting in accordance with the City
Ordinance requirements pursuant to a plan which must receive the approval
of the City Planner.
General Requirements:
H. The Developer shall dedicate a reasonable portion of this proposed
subdivision as the City Council reasonably determines to the public for
public uses as parks, playgrounds, public open space, trails, or other
conditions as required by the City and as shown on the final plat. In lieu of
complete land dedication, Developer shall upon execution of this Developer's
Agreement, pay a park dedication fee now prescribed by ordinance and/or
resolution. The cash park dedication fee for this subdivision, including the
Outlot A, is in the amount of$91,000.00. The Developer shall be provided a
credit not to exceed $9,000.00 for the construction of segments of the city
trail system adjacent to the Development but outside of the Development
boundary and on City controlled land. The credit shall be applied against the
$91,000.00 park dedication fee and Developer shall supply the City Engineer
with reasonable documentation of Developers expenses incurred in the
construction of the connecting segment of the public trail between this
Development and the existing city trail system.
The Developer shall dedicate and survey all drainage and storm water
holding ponds as required by the City and to be shown on the final plat. The
Developer shall be responsible for storm sewer cleaning and holding pond
dredging,as required, by the City prior to completion of the development.
The City of Oak Park Heights is requiring Developer to dedicate storm water
drainage areas and holding ponds to serve Developer's project. Such areas
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are incorporated within the drainage easement depicted on the final plat and
upon execution of this Development Agreement and the recording of the
final plat conveyed to the City of Oak Park Heights.
J. The Developer shall be responsible for securing all necessary approvals,
PUDs, CUPs and permits from all appropriate federal, state, regional and
local jurisdictions prior to the commencement of site grading or construction
and prior to the City awarding construction contracts for public utilities. The
Developer shall secure the appropriate MnDOT access permits for the two
accesses onto the MnDOT Frontage Road.
K. Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all lot lines in the plat of Pine Grove Gardens.
L. Wetland Designation. All areas classified as wetlands shall be displayed
upon the plat and those so specified by the City Engineer shall be dedicated
to the public for that purpose.
M. Tree Protection and Clearing:
The Developer must have the City Arborist or a person under her designation
providing on-site supervision and direction during the clearing process. Prior
to the clearing operation being initiated all clearing limits and trees to be
protected shall be clearly marked. Tree protection fencing shall be installed
and maintained until after grading is complete. All fencing shall be installed
at least 20 feet distant from the trunks of large shade trees (deciduous) and
around coniferous trees no closer than the drip line. Silt fencing may not be
used as a substitute for tree protection fencing. Fencing shall be orange in
color with steel posts at 6-8 foot intervals. The City Arborist shall be
contacted by Developer for an inspection after the fencing is installed.
O. Warranty of Title.
By its execution hereof Developer hereby warrants and represents that it has
the exclusive and marketable fee title to the subject property. Developer
further warrants and represents that there are no liens or encumbrances
against the title and that it is fully authorized to execute this agreement as the
fee owner of the subject lands. Developer may use subordination agreements
for existing lenders now encumbering the property in the form provided from
the city attorney's office to comply with the provisions of this section.
P. Fire Hydrants.
All fire hydrants throughout the development shall incorporate an AFC-
Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one-piece
design, compatible with a five inch Storz hose coupling. The nozzle shall be
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an integral part of the fire hydrants and must be furnished by the
manufacturer or authorized distributor designated by the manufacturer. Storz
adapters will not be accepted.
Q. Utility Locations in City Right of Way.
In order to maintain compliance with regulations promulgated from the
Minnesota Office of Pipeline Safety the developer, its contractors,
subcontractors, and agents shall comply with the following requirements:
1. All right of way work shall require an application with a plan that
shall be submitted for city review prior to any work performed in
the right of way areas.
2. The layout of utilities, including depths, off-sets and materials
shall be documented during construction and confirmed with city
staff during the installation process.
3. Single family residential lots are required to submit an accurate tie
card showing the utilities installed and measurements from fixed
objects (corner of house, fire hydrants, etc.) to the curb stop,
location pins, clean outs and tie in points for all utilities.
4. Multi-family and commercial lots must provide, in addition to the
above, professional as built drawings confirmed by field survey,
showing the required information. In addition Engineering grade
GPS coordinates in the Washington County coordinate system
shall be supplied by the builder. These will allow the coordinates
to be electronically incorporated in to future city mapping.
5. All installations will require pins be installed directly above all
utility lines where they cross lot lines. A corrosion protected trace
wire shall be installed six inches below final grade directly above
all new utility installations at a minimum through the right of way.
The trace wire and tail shall be terminated in a capped vertical
conduit that is within two inches of the final grade and pin located
at the lot line.
6. The Developer shall hold harmless and indemnify the City of Oak
Park Heights from any and all loss or damage resulting from its
failure to comply with these requirements including but not limited
to expenses the City incurs in correcting errors in information
provided by Developer its agents or contractors or remediating
problems resulting there from in the right of way.
7. Upon failure to provide full documentation as required the City
shall notify he Developer who shall have 30 days to secure full
compliance. Failure to comply will result in the work being
assigned by the City to an outside professional for completion of
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the necessary work. Any costs incurred in resolving these
requirements shall be assessed to the property or offset from
security required under this agreement.
8. City staff shall document the time and materials required to
review, confirm and accept the installation documentation and
shall invoice Developer for the costs based on the actual work
involved or on a fee schedule adopted by the City Council.
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
1. Grading and Erosion Control $160,700.00
2. Sanitary Sewer $38,800.00
3. Streets $79,300.00
4. Water Main $ 60,200.00
5. Storm Sewer $ 54,800.00
6. City Inspection of Utilities $23,600.00
8. Utility Protection &Repair incl
9. Street Protection &Repair incl
10. Landscaping, street signs,utility protection and repair $44,319.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $461,719.00
ESTIMATED ENGINEERING,LEGAL AND
ADMINISTRATIVE(20%): $92,434.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ 554,406.00
SECURITY REQUIREMENT(25%) $ 138,515.00
TOTAL PLAN A ESCROW $692,921.00
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3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
A. Construction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
B. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency
having jurisdiction.
C. Easements. The Developers shall dedicate to the City, upon approval of the
final plat, at no cost to the City, all permanent or temporary easements
necessary for the construction and installation of the Plan A and Plan B
Improvements as determined by the City. All such easements required by the
City shall be in writing, and in recordable form, containing such terms and
conditions as the City shall determine. If within the platted area, all such
easements shall be dedicated to the City and specifically described within the
Plat. As it affects all easements located outside the platted area, the same
shall be dedicated by separate easement conveyed to the City of Oak Park
Heights prior to the execution of the Development Agreement.
D. Faithful Performance of 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 and construction of all Plan
A Improvements and hereby guarantees the workmanship and materials for a
period of one year following the City's final acceptance of the Plan A
Improvements. Concurrently with the execution of this Agreement,
Developer or its general contractor shall provide a Letter of Credit to the City
of Oak Park Heights in a form to be approved by the City Attorney,
guaranteeing the performance by Developer of the construction of the Plan A
Improvements in a timely and proper manner. Additionally, Developer
guarantees and agrees that, should the City of Oak Park heights need to apply
a claim on said Letter of Credit, that Developer shall pay all attorney's fees
and administrative expenses associated with said action.
E. Letter of Credit. The Letter of Credit shall be issued for a period of time not
less than one(1)year in duration. The Letter of Credit shall also be extended
for a period of time up to an additional year on demand of the City should the
Plan A improvements not be completed within 11 months from the date
hereof.
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F. Security to be filed with the City
Letter of Credit. The Developer shall post security in the form of a letter of
credit from Central Bank to secure the construction the Plan A improvements
in the sum of$692,921.00.
No work shall be commenced under this Agreement until the Developer
shall have filed with the City the security (Letter of Credit), in the amount
of$692,921.00 being the estimated costs for the Plan A improvements with
security and engineering above. The Irrevocable Letter of Credit shall be
for a minimum period of one year and shall be filed with the City prior to
the Final Plat being recorded. If either of the Irrevocable Letter of Credit
expires prior to the improvements as specified herein being completed, it
shall be renewed or replaced not later than thirty (30) days prior to it's
expiration, with a like Irrevocable Letter of Credit; and if not so replaced
the City may declare the Developer in default hereunder and exercise its
rights and remedies and may draw on said Irrevocable Letter of Credit for
the remaining improvements. The Irrevocable Letter of Credit shall be for
the exclusive use and benefit of the City of Oak Park Heights.
G. Reduction of Security Guaranty for Plan A Improvements: The Developer
may request reduction of the Letter(s) of Credit based upon prepayment
or the value of the completed Plan A Improvements at the time of the
requested reduction. If city engineer 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 determined by the City. In no event shall the security guarantees be
less than five percent (5%) of the original security guarantees until all Plan
A Improvements have been approved and accepted by the City.
H. It is agreed that all labor and work shall be done and performed in the best
and most workmanlike manner and in strict conformance with the
approved plans and specifications on file with the City Engineer. No
deviations from the approved plans and specifications will be permitted
unless approved in writing by the City Engineer or his designee.
The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete (this
includes Oakgreen Ave adjacent to the development). All streets shall be
maintained free of debris and soil until the subdivision is completed.
Warning signs shall be placed when hazards develop in streets to prevent the
public from traveling on same and directing attention to detours. Flagmen
may be required by the city to control traffic on Oakgreen Ave. during the
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project which will be provided by Developer at its expense.The repair of any
damage done to the streets or public utilities by Developer or any of its
Contractors or Subcontractors, shall remain the financial responsibility of the
Developer.
4. PLAN B IMPROVEMENTS. The following improvements will be installed by the
City at the Developer's expense according to the following terms and conditions:
A. Street Improvements $ 89,600.00
B. Erosion Control $2,750.00
C. Restoration $ 8,580.00
D. Surveying $2,500.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN B IMPROVEMENTS: $103,430.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE(25%): $25,858.00
TOTAL CONSTRUCTION COST $ 129,288.00
Required Security posted (25%) $32,322.00
Total Deposit $ 161,610.00
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A. Construction. After the preparation of preliminary plans and
estimates by the City, the City Council shall take bids on the projects
and thereafter award the contract pursuant to law for the installation
of the Plan B improvements under the City's supervision. Upon
receipt of the first bid tabulation, Developer shall be provided a copy
thereof. The Developer shall have the right to immediately notify the
City of its demand that the City reject all bids. As it affects the first
bid tabulation, the City shall honor the Developer's wish if made to
reject all bids and thereafter proceed to a second bidding on the
project. Subsequent bid tabulations may be commented upon by
Developer but the City may award to the lowest responsible bidder of
the project in the manner provided by law.
B Escrow. No work shall be commenced under this Agreement until
the Developer shall have filed with the City a cash deposit, certified
check or Letter of Credit (in a form to be approved by the City
Attorney) in the amount equal to the total estimated cost of the Plan B
improvements plus a security requirement of 25% in the total amount
of$161,610.00. The City shall have the right to apply against the
Letter of Credit all bills incurred by the City with regard to the Plan B
improvements, however, the City shall provide the Developer the
opportunity to pay for said improvements as bills are incurred, in
cash, rather than applying payments as against the Letter of Credit
provided to the City, if a Letter of Credit is used in lieu of a cash
escrow by the Developer. In such case, the Developer shall have 10
business days from the time of submission of the bill by the City to
the Developer to pay to the City such amount in cash so that the City
can use the payment to pay the amount due in lieu of drawing down
on the Letter of Credit or other escrow on file with the City of Oak
Park Heights.
C. Reduction of Security Guaranty for Plan A Improvements: The
Developer may request reduction of the Letter(s)of Credit based
upon prepayment or the value of the completed Plan B
Improvements at the time of the requested reduction. If city
engineer 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 determined by the City. In no event shall the security
guarantees be less than five percent(5%) of the original security
guarantees until all Plan B Improvements have been approved and
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accepted by the City.
D. Plans and Specifications. The Developer shall be provided with a
copy of the plans and specifications as prepared by the office of the
City Engineer for the Plan B improvements and shall be allowed the
opportunity to comment on same prior to final release of the bid
specifications by the office of the City Engineer for purposes of
receiving bid on the improvements. The Developers shall also be
notified of the bid opening date and provided the opportunity to
comment on the bids received prior to the award of the bid on the
Plan B improvements. The Developers may recommend rejection of
al bids and the rebidding of the project or any portion thereof;
however, such recommendation is not binding on the City of Oak
Park Heights and the City may award the contract based upon the
bids received if it, in its absolute discretion, determines that the bids
so received are reasonable.
The Developers shall also be provided the opportunity to request that
the City Engineer consider including certain contractors that the
Developer might suggest to be added to the proposed bidder's list.
Final determination of the proposed bidder's list shall rest in the
discretion of the City Engineer.
E. Ownership of Plan B Improvements. All such improvements as
constructed shall become the property of the City of Oak Park
Heights. The Developer shall dedicate to the City prior to approval
of the final plat at no cost to the City all permanent and temporary
easements necessary for the construction of such improvements as
determined by the City.
F. Contracts. All such construction contracts as awarded by the City of
Oak Park Heights to construct the Plan B improvements shall provide
for a guarantee of the workmanship and materials for a period of one
year following the completion of construction of the Plan B
improvements. All such contracts shall also conform to the
ordinances and specifications of the City in the construction of all
Plan B improvements. The City assumes no liability for delays in
construction due to any cause including but not limited to non-
availability of construction materials and supplies, inclement weather,
acts of God,Acts of War or other causes beyond the City's control.
G. Change Orders. No change order increasing the contract expense
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shall be authorized by the City without first notifying Developer of
the change.
H. Estimates. The above estimates are engineering projections only.
Developer shall be responsible for all actual expenses incurred in the
securing and installing of all Plan B improvements. The method of
calculation of such costs shall be as specified by the City Engineer.
Connection Charges. All connection charges and fees shall be paid
by Developer. The City Engineer shall compute the connection fee
as prescribed by ordinance/resolution as to this development
(excepting Outlot A) and advise the City Clerk as to the appropriate
fee to be collected. Connection fees for all lots and blocks are due
and payable upon execution of this agreement and are as follows:
Pine Grove Estates
Sanitary Sewer $ 11,320.55
Water $ 19,694.40
Storm Sewer $24,935.05
The City reserves the right to modify or adjust the manner of
computation of connection fees from time to time which may adjust
or increase the connection fees on Outlot A at such time as it become
due.
J. Connection to City Trail System. This development has been granted
permission to have a direct connection to the City Trail System now
located on its eastern border. The manner, details and location of the
connection shall be determined by the Director of Public Works for
the City. The Developer shall coordinate construction activities
related to the trail connection with the Public Works Director.
K. Location of Temporary Storm Water facilities on City Property.
Developer had earlier requested permission to locate storm water
ponding facilities on City lands located to the north of this
development.Permission has not been granted by the city to do so.
L. Tree Replacement Ordinance Compliance. (See the tree list dated
5/18/05 for Pine Grove Gardens.) After correcting the tree list for
species and sizes which are not significant, the total count of
diameter inches of significant trees on site is 3023 in. The project
proposes to remove 1213 diameter inches of significant trees,
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which is 40% of the total in. on site. The calculated tree
replacement required is 647 diameter inches. For removing less
than 50% of the total, the project receives a credit of 10% of the
replacement inches required (65 in.). The project proposes to plant
278 diameter inches of replacement trees which are also credited
toward tree replacement. The final tree replacement required is
304 diameter inches. This totals approximately 152, 2 in. diameter
trees. If the project cannot plant the trees on site, the developer
shall pay the cost of replacement trees calculated at $50. per
diameter inch. This will be a total a cash payment of$15,217.00,
payable into the city's tree planting fund and due on execution of
this agreement. The funds will be used to plant new trees
elsewhere within the city.
5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow
account to the City of Oak Park Heights in the amount of $5,000.00 to
reimburse the City of Oak Park Heights for previous billed expenses relating
to this development.
6. GENERAL:
A. 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 Subdivision and shall be deemed
covenants running with the land. References herein to Developer, if
there be more than one, shall mean each and all of them. The
Agreement, at the option of the City, shall be placed on record so as
to give notice hereof to subsequent purchasers and encumbrances of
all or any part of the Subdivision and all recording fees, if any, shall
be paid by the Developer.
B. Final Plat Approval. The City has given final approval to the plat of
the Subdivision (Pine Grove Gardens)upon execution and delivery of
this Agreement,performance of all requirements of the approval, and
of all required documents and security, subject to compliance with
the Ordinances of the City and terms and provisions hereof, permits
may be issued by the City.
C. Incorporation of Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of this
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Agreement by reference as fully as if set out herein in full.
Specifically the following Planning Reports and Engineering files
and final documentation approved by the City Planner and the City
Engineer are specifically incorporated by reference herein and
included herein as if originally made part of this agreement.
1. Correspondence From Bonestroo Rosene and Anderlik dated
October 4,2005
2. Correspondence From Bonestroo Rosene and Anderlik dated
August 19, 2005
3.May 5,2005 NAC Planners Report.
4. Oakgreen Avenue Utility Improvements Study October 19, 2005,
Bonestroo Rosene Anderlik and Asso.
5. Minnesota Department of Transportation letter of October 19,
2005 to Todd Erickson from Rusty Nereng regarding Drainage
Permit Application D-05-11013.
D. P.U.D. Permit. The City of Oak Park Heights shall file the Planned
Unit Development Permit of record in the office of the County
Recorder. Providing that the Developer is not in default under the
terms of the Development Agreement, the City shall provide
appropriate releases to the financial aspects of same and
documentation to individual buyers of lots.
E. Administrative and Miscellaneous Expenses. As to any and all
administrative, legal or engineering costs which the Developer is
expected to pay to the City of Oak Park Heights, which costs may be
offset against the Letters of Credit which the Developer has filed and
provided to the City of Oak Park Heights, the Developer shall be
given the opportunity to review and comment on such costs prior to
the application by the City of Oak Park Heights to the Letters of
Credit for the payment of same. Should the Developer dispute the
reasonableness of any of the City's charges, Developer shall have the
right to submit any such dispute to arbitration at Developer's sole and
exclusive expense. Arbitration shall be conducted by the American
Arbitration Association and shall be initiated and paid for by
Developer.
F. Establishment of Construction Schedules. The City Engineer shall
establish construction schedules for Plan A and Plan B improvements
and shall consult with Developer prior to establishing same.
G. Zoning. "Pine Grove Gardens" has been designated a zoning
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classification of PUD by the City Council. All future use and
development shall comply with the applicable provisions of the
relevant zoning ordinance of the City of Oak Park Heights relating
thereto. Lot 1, Block 6, Pine Grove Addition shall remain zoned "0"
Open Space - conservancy. All drainage and ponding areas provided
in Lot 1 Block 6 shall be preserved by easement for the benefit of
the overall development and shall be maintained to City standard by
the developer or homeowners association. No further development
of the balance of Lot 1 Block 6 shall proceed until the City has
taken a final position on the St. Croix River Crossing TH 36
project.
H. Private/Internal Street Grades. The grades of all internal streets shall
not exceed 8%and the minimum grade shall not be less than .5%. All
internal streets are designated, designed and intended to be private
streets. All present and future homeowners should expect that the
internal streets will remain private and that there will be no transfer of
ownership or responsibility for these streets to the City of Oak Park
Heights at any time.
Lot 1 Block 6, Pine Grove Gardens. All drainage and ponding areas
provided in Lot 1 Block 6 shall be preserved by easement or
dedication for the benefit of the public and this development and
shall be maintained to City standard by the Developer until the City
Engineer certifies the project has been completed and the warranty
period has expired. No further development of lot shall proceed
until the City has taken a final position on the St. Croix River
Crossing TH 36 project. Until such time as the City takes a final
position on the St. Croix River Project the Developer shall retain
marketable title in Lot 1, Block 6 in its name exclusively. Should
any portion of the lot be acquired by or on their behalf the
Minnesota Department of Transportation the Developer shall be
allowed to request and apply for further development of the lot to
the City excepting those portions set aside for Drainage and
Ponding areas as required by this agreement. As to those Drainage
and Ponding areas they shall be conveyed by easement to the
Homeowners Association upon execution of this Developer's
Agreement. The Homeowners Association shall be responsible for
the permanent upkeep and maintenance of the Drainage and
Ponding Area to City standards after the Development has been
completed as certified to by the City Engineer and the warranty
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period for the Developer under this agreement has expired. Failure
to maintain the drainage and ponding easement will result in
application to the security provided under this agreement by
Developer or certification of the costs to restore the easement to the
City's specification under the City's Storm Water Utility.
J. Developer has requested permission to build a model
home/structure upon the property prior to the time that Plan B
improvements will be constructed. All such construction shall be
regulated and timed under the supervision of the City Engineer and
Building inspector. Developer understands that he is proceeding at
his own risk in this construction ad that any additional expense
including those incurred as a result of errors in elevations or the
need to move services/plumbing for city water and sewer
connections shall be at his expense alone.
K. Conditions Imposed. The City Council has imposed the following
conditions as a requirement of the permits granted this project:
1. The final plat shall be subject to any comments or
requirements imposed by the City Engineer and City Attorney. The
City Attorney shall provide comment and recommendation on the
proposed separate developable parcel designated as an Outlot, with
recommendations to be incorporated into the development
agreement. All drainage and ponding areas provided in the Outlot
shall be preserved by easement or otherwise for the benefit of the
overall development and shall be maintained to City standard by the
developer or homeowners association. No further development of
the Outlot shall proceed until the City has taken a final position on
the St. Croix River Crossing TH 36 project.
2. The applicant shall be required to pay a cash park
dedication fee based upon the requirements of Section 402.08 of the
Subdivision Ordinance. 1
3. The City Council is agreeable to allowing encroachments
of decks into the required setbacks, as provided for on a plan
approved by City staff.
The City has accepted the Purchase Agreement price as establishing fair market value for purposes of computing
the Park dedication Fees.
16
4. The Police Chief and Fire Chief shall comment on the
accessibility of the project for emergency vehicles.
5. The proposed trail locations and applicant's responsibility
in construction costs shall be subject to review and approval by the
City Council.
6. The applicant shall submit a snow removal plan that shall
be subject to the review and approval of City staff.
7. The applicant shall provide updated grading, drainage and
utility plans to the City reflecting the revised concept/general plan.
All final grading, drainage and utility plans shall be subject to the
review and approval of the City Public Works Director and City
Engineer and review of the Middle St. Croix Watershed District.
8. The applicant shall provide updated landscape and tree
preservation plans to reflect the revised site plan. The final
landscape plan and tree preservation plans are subject to review and
approval of the City Arborist.
9. The applicant shall provide a photometric plan for the
project subject to City staff review and approval.
10. Architecture of the project. The siding materials shall be
steel, concrete masonry board, or an equivalent material as
approved by City Council. 2
11. A development agreement shall be required subject to
review and approval of the City Council and City Attorney.
12. The homeowners association documents and declarations
shall be provided to the City Attorney for his review and approval.
13. The concept/general plan shall be revised to comply with
the setback provisions of the Wetland Ordinance, subject to review
and approval of the City Engineer.
2 The applicant has supplied a materials board which has been approved by the City to specify the siding and
architectural features
17
_ n
Tis L N . _.Ar.
18
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly
executed on the date and year first above written.
In the presence of: CITY OF 0 ,K ' - EIGHT
B / 7, ��I
David Beaus et
,ayor
u= LC. '1.-
'ri. Johnson
A'ministrator
In the presence of: Oak Park d •velopment LLC
�.��Z' 111411.
, I Y
I ,
Its ' ,
By
Its
19
r
•
STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON)
HINGTON)
On this(`j11 day of May, 2006, before me a Notary Public, within and for said County
personally appeared David Beaudet and Eric Johnson, to me personally known, being each by me
duly sworn did say that they are respectively the Mayor and the Administrator of the City of Oak
Park Heights,the municipal corporation named in the foregoing instrument; and that the seal affixed
to said instrument is the corporate seal of said corporation, and that said instrument was signed and
sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and
Administrator acknowledged said instrument to be the free act and deed of said municipal
corporation.
Jt1UE R..IOFINSON �� OAStibo ; NOTARY PUBLIC-MINNESOTA
hMy CoCommission Exsi0pires Jan.31.2010Notary Pu.
STATE OF MINNESOTA )
. ss.
COUNTY OF WASHINGTON)
Onthis r day of May, 2V6? before me a Notary Public, within and for said County
personally appeared (��1'l` pl�l and - , to me
rsonalLy ,known, being each sy me duly sworn did say that they are respectively the
0.1 r Vv f, and of Oak Park Heights Development LLC, named
in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said
Limited Liability Company, and that said instrument was signed and seal-d, on jeh.lf of said
Limited Liability Company by authority of its Board of Governors and said (4( and
,� and
acknowledged said instrument to be the free act and deed of said LLe.
9
JULIE R.JOHNSON "'(', � J
NOTARY PUBLIC-MINNESOTA otary Public
My Commission Expires Jan.31,2010 l�
20
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
& Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater,MN 55082
(612)439-2878
21
•
EXHIBIT A
LEGAL DESCRIPTION
PLAT NAME
PINE GROVE GARDENS
(Washington County Geo.Code 04.029.20.22.0010.)
Sect-04 Twp-029 Range-020 PT N W 1/4-N W 1/4 042920 BEG AT SW COR OF SD TRACT
THN E & PAR WITH S LINE OF SD TRACT DIST OF 429FT THN N & PAR WITH W LINE
OF SD SEC4 DIST OF 210FT THN W & PAR TO N LINE OF SD SEC4 DIST OF 429FT TO
W LINE OF SD SEC4 THN S ON W LINE OF SD SEC4 DIST OF 210FT TO PT OF BEG
22
ECKBERG
LAMMERS 'Ay",
ATTORNEYS Ar LAW 1809 Northwestern Avenue, Suite 110
Writer's Direct Dial: Stillwater, Minnesota 55082
(651)351-2118
(651)439-2878
Writer's E-mail: Fax(651)439-2923
mvierling@eckberglammers.com www.eckberglammers.com
September 20, 2006
Eric Johnson
City Administrator
City of Oak Park Heights
14168 Oak Park Blvd.N.
Oak Park Heights, MN 55082
Re: Pine Grove Gardens
Dear Eric:
Enclosed herewith for your files please find the original recorded Developers Agreement which has been
recorded as Document No. 3602491 in the office of the Washington County Recorder.
Yours very truly,
Pj 47,
1 ani �� :+^G i 4 o f •
Mark J. Vierling
MJ /sdb
Enc e
ECKBERG, LAMMERS. BRIGGS. WOLFF bT VIERLING, PLLP
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