HomeMy WebLinkAbout2000-01-16 Fully Executed Developer's AgreementTHIS AGREEMENT, made and entered into this (::,
` s ' � r day of January, 2000 by and
between the City of Oak Park Heights, a municipal corporation under the e la ws of the State of
Minnesota (hereinafter the "City"), and United States Postal Service, "USPS"),
(hereinafter LISPS ),
WITNESSETH; That:
WHEREAS, the seller of the Property proposed to be purchased by the USPS 5 has made
application to the City Council for vacation of drainage and utility easements between tween the real
property described as follows:
(the "Property"); and
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
Lots 1 and 2, Block 2 Kern Center Second Addition
WHEREAS, the City Council has agreed to undertake the process to vacate the drainage
and utility easements between the two lots of the Property and approve the terms that t USPs
construct its facility on the Property and providing under the terms of this Agreement
stipulating the conditions for the installation of private 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 mutual promises and conditions hereinafter
contained, it is hereby agreed as follows:
Designation of Improvements: offsite Improvements to be installed at USPS's expense
by USPS as hereinafter provided are hereinafter referred to as "Plan A Improvements"
1. PLAN A IMPROVEMENTS: USPS will construct at it's own expense the following
improvements under Plan A Property under which it is constructing its Facility
according to the following terms and conditions:
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A. USPS's general contractor shall do all site grading including buildin g sites,
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, building elevations, drainage provisions,
erosion control provisions and cross sections, as necessary, has been submitted
to and reviewed by the City prior to commencement of any site grading. Any
changes to the grading plan in excess of six inches during construction shall be
submitted to the City for review in a timely manner.
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B. USPS's general contractor shall control soil erosion ensuring:
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1 . All development shall conform to the natural limitations presented b y the
topography and soil of the subdivision in order to create the best
potential for preventing soil erosion. USPS's general contractor shall
submit an erosion control plan, detailing all erosion control measures to
be implemented during construction, said plan shall be reviewed 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 construction. Appropriate control measures shall be
installed prior to construction when necessary to control erosion and
shall be maintained during construction.
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 and 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.
C. USPS has placed iron monuments at all lot and block corners and at all other
angle points on boundary lines. Iron monuments shall be replaced, if necessary,
after all street and lawn grading has been completed in order to preserve the lot
markers for future property owners.
USPS 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. USPS shall make all
necessary adjustments to the curb stops to bring them flush with the topsoil
(after grading) or driveway surface.
E. USPS shall be required to provide landscaping and screening in accordance with
the site plan submitted as part of the application for the approval of the
easement vacation and as required by the ordinances of the City.
G. USPS 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. If and when the street
becomes impassible, such streets shall be barricaded and closed. In the event
buildings are occupied prior to completing streets, USPS shall maintain a smooth
driving surface and adequate drainage on Memorial Drive and 55t Street
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extensions. USPS shall be responsible for the removal of snow from ail g ravel
streets. The repair of any damage done to the streets or public utilities shall be
the financial responsibility of USPS.
H. USPS shall furnish lights and site improvements in accordance with
the
approved site plan and with the City's Design Guidelines and Zoning Ordinance.
L USPS shall be responsible for storm sewer cleaning and holding and dredging,
g p g g,
as required, by the City prior to completion of the development.
J. USPS shall be responsible for securing all necessary approvals and permits for
offsite improvements from all appropriate federal, state, regional and local
jurisdictions prior to the commencement of site grading or construction .
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
Boulevard and swale sod $ 3,400.00
2. Landscaping $ 500.00
3. Street signs $ n/a
4. Street lights $ 500 .00
5. Grading $ 15,000,00
6. Pond grading and seeding $ n/a
7. Erosion Control $ 2,700.00
S. Pond Protection & Restoration $ 2,500.00
9. Utility Protection & Repair $ 500.00
10. Street Protection & Repair $ 2,000.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ 26,600.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 %): 5,320.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ 31,920.00
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3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
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A.
Construction. The construction, installation, materials and equipment shall be
in accordance with the plans and specifications and amendments submitted to
the City. The construction shall conform to the Minnesota Uniform Building
Code 1997 and amendments thereto, the Uniform Fire Code 1997 and
amendments thereto, and NFPA 13.
B. Inspection. With prior notification and accompanied by a USPS representative,
USPS will allow the City to periodically inspect the construction. Under the
authority of USPS, the City is hereby granted the opportunity to inspect the
Facility as it is constructed, and provide comments to USPS and its general
contractor concerning the methods of construction, and compliance to
applicable codes, which codes are recited above.
C. Faithful Performance of Construction Contracts. USPS, its general contractor
and will fully and faithfully comply with all terms and conditions of any and all
contracts entered into by USPS 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. Upon award of a construction contract, USPS will furnish a
copy of its contract with the general contractor and to the City a copy of the
general contractors performance bond, which shall be for 100% of the total
construction costs, including the Plan A improvements.
4. CONNECTION FEES/ASSESSMENTS/SAC CHARGES.
A. The City Engineer shall compute the connection fee as prescribed by
ordinance /resolution as to the facility 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:
Lots 1 & 2 $59,508.00
B. Assessments. The City has recently assessed the sum of $42,287,56 to the
property for the Kern Center improvements, which USPS agrees to pay in
accordance with the resolution adopting and levying said assessments.
C. Sewer Availability Changes. USPS agrees to pay the Metropolitan Council sewer
availability charge that must be paid in order to connect the building to sanitary
sewer services,
5. Engineering, Legal and Administrative Fees. USPS shall reimburse the City for
engineering, legal, administrative, and planning fees relating to the improvements
involved and to be incurred by the City in connection with the facility in an amount not
to exceed $4,000. The City will provide copies of invoices relating to costs incurred
with its consultants relating to the USPS.
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6. PLAN B IMPROVEMENTS.
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The following improvements will be installed by the City at USPS's expense according
to the following terms and conditions:
A. DESCRIPTION OF PLAN B IMPROVEMENTS ESTIMATED COST
Base preparation /street /sidewalk
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN B IMPROVEMENTS
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE
$43,280.00
$43,280.00
$ 8,660.00
B. The City shall pay all expenses related to the construction of the Plan B
improvements providing for the construction of same as follows:
1. 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.
2. USPS ?ayj nt. USPS will pay the city expenses set forth in paragraph
5 as follows:
a. The City's invoices must be submitted before payment is made.
b. The City agrees that submission of an invoice to the USPS for
payment is a certification that:
1. Any services being billed for have been performed in
accordance with the terms of this agreement; and
2. All supplies for which the USPS is being billed have been
provided in accordance with the terms of this agreement.
c. To ensure prompt payment, an invoice must be submitted and
contain:
1. Copies of the invoices and costs being billed to the City
by its consultants.
2. A description of the work performed.
3. A certificate of final acceptance by the City engineer.
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4. For the costs of the City planning and administrative
costs, that the amount is being charged in accordance
with policies adopted and in effect as of the date of this
agreement.
d. USPS will pay interest on late payment in accordance with the
Prompt Payment Act, 31 U.S.C. 3901 et. seq., as amended by
the Prompt Payment Act Amendments of 1 988, P.L. 100 -496.
3. LISPS 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. USPS 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. USPS may recommend rejection of all 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.
LISPS shall also be provided the opportunity to request that the City
Engineer consider including certain contractors that USPS 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.
4. All such improvements as constructed shall become the property of the
City of Oak Park Heights. USPS 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.
5. 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.
6. Change Orders. No change order increasing the contract expense shall
be authorized by the City without U S PS's written consent.
7. Estimates. The above estimates are engineering projects only. USPS
shall be responsible for all actual expenses incurred in the securing and
installing of all Plan B improvements.
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7. SYSTEMS CHARGE RECOVERY
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The City may, at some future time in conjunction with adjacent development, recover
systems charges that could include payment for cost of the road extensions being paid
for by USPS. In the event that the City is able to recover systems charges to cover the
road extension, the City will reimburse USPS for the life of the Plan B street
improvements based on a 20 year life. The formula for reimbursement shall be as
follows: 1 /2 of the current road construction costs shall be multiplied by a fraction, the
denominator of which shall be 20, and the numerator of the number of years remaining
to year 20. Thus, if the road cost was $200 and the recovery by the city is made in
year 5, 1 /2 of the cost is $100 times 15 /20ths which would result in the post office
being reimbursed $75.
After year 20, if the City constructs a road overlay, the presumptive life of that is 10
years. Any recovery after construction of an overlay shall be based on a formula of 1/2
of the cost of the overlay times a fraction, the denominator of which is 10 and the
numerator of which is the number of years remaining on the presumptive life of the
overlay. The result of that formula shall equal the amount to be reimbursed to USPS.
After a period of 20 years has elapsed and there is no overlay constructed, no
reimbursement will be due; if an overlay is constructed, after year 10, no
reimbursement will be due to USPS.
8. PAYMENT FOR FUTURE RE PROJECTED ASSESSMENTS.
The City plans to upgrade the streets in the Kern Center Second Addition to add roads,
curb, gutter, sewer, water, and storm sewer. USPS agrees to pay its pro-rated share
of said costs for the future improvements within the Kern Center Second Addition.
9. GENERAL.
A. Bindjj 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. 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 USPS.
B. Final Plat Approval. The City agrees to give final approval to the replat of Outlot
A upon execution and delivery of this Agreement and of all required documents
and security, subject to compliance with the Ordinances of the City and terms
and provisions hereof.
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c. Incorpora of . _Re ference. The following conditions imposed by order of the
City Council is annexed hereto as Exhibits A and B, and shall be complied with
by USPS:
Exhibit A List of Conditions
Exhibit B Memorandum from Cindy Sherman /Scott Richards, dated
December 22; 1 999;
D. The City of Oak Park Heights may file USPS's Agreement of record in the office
of the County Recorder.
E. Establishment of Construction Schedules. USPS or its general contractor shall
establish construction schedules for Plan A improvements and shall consult with
the city engineer prior to implementing same.
E. Water Management or�ani�a ions. USPS shall secure approval from all water
management organizations affected by this development prior to final approval.
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IN WITNESS WHEREOF, the City and USPS have caused this Agreement to be duly
executed on the date and year first above written.
In the presence of: CITY OF 9AK PARK HEIGHTS
In the presence of:
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Thomas Melena, Administrator
United States Postal Service
By
David Schaaf, Mayor
STATE OF MINNESOTA )
COUNTY OF WASHINGTON)
(90a)
On this /6 1/44) day of 1-9 before me David Schaaf and Thomas
Melena, to me personally known, bein each by me duly sworn did say that they are
respectively the Mayor and the City 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 Notary Public, within and for said County
to be the free act and deed of said municipal corporation.
THIS INSTRUMENT WAS DRAFTED BY:
Jack W. Clinton, I.D. #17413
Fluegel, Moynihan & Clinton, P.A.
1303 South Frontage Rd.
Hastings, MN 55033
651-438-9777
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1 .t i H -fry .4.t.
tary Public
At
STATE OF 41-1-N-NE-Se-TA
. -lokr)Sor)
COUNTY OF WASHINGT-0-1\1)
2000
On this 6 day of 9 , 1494 before me appeared Skpfleil inay.skanSEind
Ocick. 1...6--kis-sor) known to "me to be the and
of United States Postal Service ; respectively, and the same signed the
foregoing development agreement on behalf of United States Postal Service representing that
they had full authority and power on behalf of said entity to do so and affixed their signatures
hereon as their free act and deed on behalf of said entity.
ofar Public
- . -
DPIE3C. A. Fit
[VOTARY PUBLIC
STATE OF
Appointment
JULIE A. HULTMAN
NOTARY PUBUC-MINNESOTA
My Commission Expires Jan. 31, 2005
*
ta t y
The following site plan alterations must be incorporated in the construction of the annex
facility and USPS agrees to arrange for construction in accordance with the following
conditions:
1. A wall extension shall be constructed to screen the loading dock area from the east
in place of trees and chain link fencing.
2. A parking lot shall be designed with parking stalls at 90 degrees.
3. Two -way traffic access shall be provided to the northern parking area.
4. The snorkel lane may encroach on the easement area to accommodate the parking
lot reconfiguration.
5. Chain link fencing shall be a maximum height of 6'0" and no barbed wire or razor
wire shall be used.
6. A photometric fight plan shall be included with the submitted plans.
7. The building facade will be enhanced with an expansion of a brick detail at the front
entrance and more glass shall be used at the front entrance.
8. The building facade will receive vertical articulation through additional brick and
stone treatment.
9. Roof top mechanical equipment will not be metallic and will be a muted tone to
match the building. Any exterior mechanical equipment shall be screened as
provided in the Design Guidelines from the city.
10. Landscaping will be provided as a buffer along the western and northwestern area
of the site
1 1 . The facility shall be named the Oak Park Heights Carrier Annex.
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EXHIBIT A
TO DEVELOPERS AGREEMENT
BETWEEN
THE UNITED STATES POSTAL SERVICE
AND
THE CITY OF OAK PARK HEIGHTS
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