HomeMy WebLinkAbout2016-07-22 WC Recorded Document #1241655 - DA Receipt:#330183 1241655
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ECKBERGLAMMERS
BRIGGS WOLFF&VIERL
1809 NORTHWESTERN AVE Certified Filed and/or recorded on:
#110
7/22/2016 10:13 AM
STILLWATER MN 55082
1241655
Certificate#: 73517
Office of the Registrar of Titles
Washington County,Minnesota
Jennifer Wagenius,Registrar of Titles
Developer's Agreement
•
NOTICE OF CERTIFICATION
STATE OF MINNESOTA
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being duly qualified and acting as City Administrator for the City of Oak
Park Heights, Minnesota DO HEREBY CERTIFY that the attached document:
City of Oak Park Heights
Washington County, Minnesota
Developer's Agreement
Oak Park Senior Living—Phase III
30 Unit Memory Care Building
made and entered into the 17" day of December, 2013,by and between the City of Oak Park
Heights and Tim Nolde, Oakgreen Villa,LLC, Oakgreen Commons,LLC and Anchobaypro, Inc.,
has been placed on file at the offices of the City of Oak Park Heights, and that the same is a full,
true and complete original of said document within the files of the City of Oak Park Heights.
WITNESS my hand and the seal of the City of Oak Pa : ghts, this 27th day of January,
2015.
ri, •hnson, City Ad a
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this 17'day of December, 2013, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota (the "City"), and Oakgreen Commons, LLC, Oakgreen Villa, LLC, and
ANCHOBAYPRO, Inc., (collectively the"Developer").
WITNESSETH; That:
WHEREAS, the Developer has made application to the City Council for approval of an
Amended Planned Unit Development affecting land within the corporate limits of the City
described as follows:
See Attached Exhibit A
(the"Subdivision"); and,
WHEREAS, The City of Oak Park Heights has received a request for a Planned Unit
Development amendment as it relates to Oak Park Senior Living Phase III (formerly Oakgreen
Village)1 at Nova Scotia Avenue North allowing an increase in overall density to a grand total of
335 units (hereinafter "the Development"), by adding a 30 unit memory care addition to the
existing Senior Assisted Living and Memory Care building, relocation of the existing three unit
townhome building to face the existing four unit building within the development.
WHEREAS, the City Council has approved a new Master Plan for the Development lying
north of 58th Street, east of Nova Scotia Ave, south of the Xcel Energy Power Transmission
Lines and west of Oakgreen Ave. and is included here as Exhibit B, subject to clarifications from
all conditions included in this Developer's Agreement.
WHEREAS, the City Council has on May 27th, 2013, granted approval to the Amended
Planned Unit Development, on the condition that the Developer enter into this Agreement
stipulating the conditions for the installation of 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".
1. 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
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.
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5. The Developer shall not locate its equipment within the right-of-way
of 58th Street as acquired by the City of Oak Park Heights 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.
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.
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.
H. 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 maintain dedicated
storm water drainage areas and holding ponds during the period of
construction to serve Developer's project. Such areas are incorporated
within the drainage easement depicted on the final plat.
Drainage and utility easements. 10 foot drainage and utility easements shall
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A
be maintained along all lot lines in within the platted area.
J. Wetland Designation. All areas classified as wetlands have been displayed
upon the plat.None are altered by this approval.
K. 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.
L. 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
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.
M. 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.
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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.
N. Underground Installation of Electrical Distribution Lines. Pursuant to City
ordinance Chapter 1008 all electrical distribution lines that serve the properties,
are located or to be located upon the site shall be installed and maintained
underground. Any non compliant lines shall be buried, including lines that serve
the 4-level Oakgreen Commons.
O. Replacement of Roadway Security-Private Roadway Construction.
Developer has an existing obligation to the City to complete final roadway
improvements in the Oakgreen Village development. Developer has asked city to
increase the security in this Developer's Agreement and release the financial
security in the Developer's Agreement for Oakgreen Village to allow those final
roadway improvements to be completed as part of this current development.
2. DESCRIPTION OF PLAN A IMPROVEMENTS
AND ESTIMATED COST
SEE EXHIBIT A-1 IMPROVEMENTS EXHIBIT ATTACHED
1. DESCRIPTION OF IMPROVEMENT ESTIMATED COST
SEE ATTACHED EXHIBIT $175,833.00
2. Replacement security- final roadway
surfacing completion Oakgreen Village
Project $65,000.00
ESTIMATED ENGINEERING,LEGAL AND
ADMINISTRATIVE(20%): $48,167.00
SECURITY 25% $60,200.00
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TOTAL PLAN A ESCROW $349,200.00
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 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. That prior to the Developer ordering the installation and awarding the
contracts as it relates to the Plan A improvements and the costs therefore,the
Developer shall deposit with the City of Oak Park Heights, the total
estimated cost of the Plan A improvement $349,200.00 in the form of a
letter of credit to be approved by the city attorney. The City may pay from
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said deposit all expenses related to the construction of the Plan A
improvements providing for the construction of same in the event of
Developer's default:
F. Ownership of Plan A Improvements. All such improvements as constructed,
excepting those improvements approved by the city and located within
public rights of way shall become the property of the Developer. 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 any public improvements as determined by the City. Street
systems internal to this development shall remain private streets as shall
internal water and sewer distribution lines. Storm water ponds are public and
part of the city's storm sewer systems. Storm water collection systems are
private improvements.
G. Construction schedules. All schedules for construction of the Plan A
improvements shall be subject to the approval of the City Engineer. Failure
to construct the improvements pursuant to the schedules so established shall
constitute a condition of default
H. Connection Charges2. 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 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:
Sanitary Sewer $previously paid
Water $previously paid
Storm Sewer $previously paid
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 the outlots at such time as they become due.
EMS services and 911 calls.
(a) Emergency Services via Bayport Fire Department. At such
time when the entire Development exceeds 5 percent of all City
emergency calls responded to by the Bayport Fire Department
(including fire, good intent, false alarm and EMS/rescue, etc but
excluding calls to the Boutwell's Landing campus), the Developers
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shall make an annual payment to the City an amount equal to the
cost impact the Development has on the City's cost contribution to
the Bayport Fire Department for services over the 5 percent.
(b) Billing. The City will directly bill the Developers after the City
determines the annual use generated by the Development and its
impact on the City Fair Share Formula or other future contribution
protocol. The City will determine annual use at the Development
based on information provided by the Bayport Fire Department
`actual-run' data or other reliable source data.
(c) Change of Fire/EMS provider to City. Should the City's
relationship with the Bayport Fire Department and/or is financial
relationships substantially change, the City reserves the right to
amend this language as may be needed to compensate for new Fire
and/or EMS service vendor costs.
(d) Disclaimer. While it is anticipated that the City can provide
adequate emergency responses to the Development, the City does
not guaranty that it has adequate resources to respond to all
emergencies or provide same in perpetuity. The City further
indicates to the Developers that it should consider the
implementation of necessary "on-site" staff and other emergency
mitigation resources so that emergency EMS/Rescue calls could be
handled internally and directly with appropriate health care
providers and potentially deleting the need of the City responses.
5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow account
to the City of Oak Park Heights in the amount of$10,000.00 to reimburse the City
of Oak Park Heights for previous billed expenses relating to this development.
6. COUNCIL IMPOSED CONDITIONS: The following conditions have been
imposed by the City Council on this development and must be satisfied in order to
obtain initial and or final permits:
A. The application submitted for a Planned Unit Development
amendment as it relates to the Oak Park Senior Living Phase II (formerly
Carriage House CO-OP) allowing an increase in the density at Oakgreen
Avenue and 58th Street North and affecting the real property. Be and the
same as hereby approved by the City Council of the City of Oak Park
Heights with the following conditions:
1. The City Council approves the increase of density to 335
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units as presented in the Master Plan.
2. The Minor Subdivision, as well as the dedication and
vacation of any easements shall be subject to the review and
approval of the City Engineer and City Attorney. Further
amendments to the plat shall require review and approval of a
Preliminary/Final Plat.
3. The development agreement shall include a provision that
the Oak Park Senior Living Phase III will remain as senior rental
and shall not be converted to non restricted rental housing.
4. The City Council approves the widening of 59th Street and
removing the street medians on 58th and 59th Streets at Nova
Scotia. All changes to the roadway are subject to review and
approval of the City Engineer.
5. The City Council approves the plan with the proposed
private and public trail system.
6. The City Council approves the Master Plan but requests the
Applicant look at options for providing an additional setback
and landscaping between the future Senior Living Building
(Building 6) and the existing four unit townhome building.
7. All tree removal and landscape plans shall be subject to
review and approval of the City Arborist.
8. The grading and drainage plans shall be subject to City
Engineer and applicable watershed authority review and approval.
9. All utility plans shall be subject to review and approval of
the City Engineer.
10. The City Council approves the non shielded, residential
style light fixtures as proposed.
11. The applicant shall submit any plans for new signage
subject to City approval.
12. The traffic numbers are subject to review and approval of
the City Engineer.
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13. The Fire Marshal and Police Chief should review the plans
and determine the accessibility of emergency vehicles throughout
the development.
14. The snow storage areas and plan shall be subject to review
and approval of the City Engineer.
15. Any mechanical equipment that is ground mounted or
visible from adjacent streets shall be screened as required by the
Zoning Ordinance.
16. The City Council approves the final building appearance,
colors, materials and the variety between buildings as found in the
proposed plans.
17. The applicant shall be required to enter into an amended
Development Agreement. The Development Agreement shall be
subject to the review and approval of the City Attorney and City
Council.
18. All conditions as approved by the City Council on January
31,2012 for Oak Park Senior Living Phase I.
19. The Applicant shall provide the existing Homeowners
Association members with all required documentation, annual
reports, and financial records within 60 day of City Council
approval.
•
Additionally, existing assisted living units of senior housing/memory care
in the high rise and main building now located upon the property shall not
be replaced or reduced by the location of new memory care units allowed
by this permit.
The approval herein supplements, but does not replace prior approvals and
permits which remain in place unless specifically contradicted by
conditions imposed herein.
The Master Plan for this Development is attached hereto as Exhibit B
7. 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
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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 Amended
PUD Permit upon execution and delivery of this Developer's
Agreement and the Amended Planned Unit Development Agreement
and, 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 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. April 23,2013 Architectural Plans
2. April 23,2013 Survey
3. April 23,2013 Civil Plans
4. City Planners report dated May 9,2013
5. City Engineer's report dated: May 9,2013
D. Amended P.U.D. Permit. The City of Oak Park Heights shall file the
Amended 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 Performance Bond which the Developer has filed
and provided to the City of Oak Park Heights,the Developer shall be
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given the opportunity to review and comment on such costs prior to
the application by the City of Oak Park Heights to the bonding
company 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
control construction schedules for Plan A and Plan B improvements
and shall consult with Developer prior to establishing same.
G. Zoning. Oakgreen Commons and Carriage House Cooperative PUD/
Addition has been designated a zoning classification of PUD by the
City Council. All future use and development shall comply with the
applicable provisions of this Developer's Agreement and the
relevant zoning ordinance of the City of Oak Park Heights relating
thereto. All Outlots remain zoned "0" Open Space — conservancy
until building permits are issued therefore.
H. Street Grades. The grades of all private and public streets shall not
exceed 8%and the minimum grade shall not be less than.5%.
J. Phase I Development. Developer's Development is approved for
Phased development upon schedules established and approved by the
City Engineer.
K. Handicapped Parking. Location of disability/ handicapped stalls
shall be made more efficient with regard to serving all of the areas of
the proposed facilities. All disability stalls currently shown as
oriented to the north half of the parking lot directly across from the
grocery store will be re-distributed throughout the entire parking
complex to provide reasonable handicapped access throughout the
development. The applicant will be required to demonstrate within
the site plan and provide, at a minimum, four disability stalls in the
southern half of the parking lot across from the retail strip center.
L. Landscaping. A final landscaping plan shall be developed and
submitted to the City Planner by Developer. In addition,
modifications to the landscape plan may be implemented subject to
approval by the City Planner,Arborist and Administrator.
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M. Trash Receptacles. Trash receptacle areas must been designated on
the site plan for the each building. All tenants of the building will be
required to utilize these trash receptacles or will be required to store
trash internally.
N. Lighting. Developers must submit a lighting plan to the City
Council. A photo-metric lighting plan shall be submitted and subject
to review and specific approval of City Staff and City Council. All
lighting shall be hooded and controlled so as not to direct light
source to adjacent lands and not to be visible from the public right-
of-way or from adjacent properties in compliance with Section
401.15B.7 of the Zoning Ordinance.
O. Signage. A master signage plan shall be developed by the
Developers and submitted to the office of the City Planner for
approval. All signage shall be conformed to the master signage plan
so approved by the City Planner.
P. Landscaping Plan. Any changes to the submitted landscape plan
resulting from changes to the stormwater ponding areas shall be
subject to review and approval of the City Council.
Q. Indemnification:
To the fullest extent permitted by law, the Developers shall
indemnify and hold harmless the City of Oak Park Heights, its
agents and employees from and against any and all claims,
damages, losses or expenses, including but not limited to attorneys
fees, arising out of the issuance of this Developer's Agreement by
the City of Oak Park Heights and/or arising out of the performance
or non-performance of its obligations hereunder by Developer.
R. Conversion of Buildings Into Tax Exempt Property. Developer has
warranted to the City, the building to be constructed upon the
property will be held exclusively for residential rental at market
rate. They are to be held in private ownership and at a "for profit"
status. Developer agrees that any conversion of the land or
buildings to "non- profit' or "not for profit" status will require
approval of the City of Oak Park Heights" and that Developer, its
heirs and or assigns, shall enter into a Payment in Lieu of Taxes
Agreement (PILOT) with the City to compensate the City for the
loss of tax revenue generated from the project should that change
in status occur. The PILOT agreement shall contain the content and
form as approved by the City Attorney.
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S. Senior Rental Housing. Developer has warranted to the city that all
structures and residential units to be completed on the site shall be
used and maintained exclusively for Senior Residential Housing.
City approvals and transportation projections, municipal services
and land use has all been predicated upon Developer's warranty.
The Buildings and their occupancies are to remain dedicated for
senior rental as defined by the Developer to be for persons age 50
and above. Provisions within leases implementing the restriction
and enforcement terms there of shall be submitted to City staff for
review by Developer and used consistently within all leasing
agreements. Unless otherwise approved by,the City of Oak Park
Heights, no use of the buildings shall be implemented or allowed
by Developer, its heirs and assignees, except as senior rental
housing.
8. Notice/Remedies on Default or Violation of this Agreement
A. Whenever any event of default or failure to conform to the terms
and conditions of this Agreement occurs, the City shall give written notice
of the event of default or failure to perform to the Developer by United
States Mail at the following address:
If to Developers: Timothy Nolde
775 Green Twig Way
Stillwater,MN 55082
If to City: City of Oak Park Heights
14168 Oak Park Blvd
Oak Park Heights, MN 55082
Attn: City Administrator
With a copy to: Eckberg, Lammers, Briggs, Wolff &
Vierling, P.L.L.P.
1809 Northwestern Avenue
Stillwater, MN 55082
Attn: Mark Vierling
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Developer agrees to provide the City with the name and mailing address of
any subsequent Lot Owner acquiring any Lot from Developer.
B. Except as otherwise provided in this Agreement, if the Developer
fails to cure the event of default or failure to perform within 10 days after
the date of the mailed notice or fails to undertake said cure and diligently
pursue the same if it cannot reasonably be done within said 10 day period,
in addition to any other remedy provided in this Agreement and without
waiver of any such right, the City may, after providing written notice of
default to the Developer, avail itself of any or all of the following remedies
for as long as the Developer and/or any other Lot Owner is in default.
i. Halt all plat development work and construction of development
improvements on the Lot of the defaulting Lot Owner until such
time as the event of default is cured.
ii. Apply on security provided and complete those items of work
remaining to be completed.
iii. Refuse to issue building permits or occupancy permits as to the Lot
of the defaulting Lot Owner until such time as the event of default
is cured.
iv. Apply to a court of competent jurisdiction to enjoin continuation of
the event of default.
v. If the event of default is a failure of the Developer to complete,
construct, install or correct the Plan A Activities or the Plan C
Improvements in accordance with the plans and specifications
under this Agreement, the City may perform such construction or
work and the Developer shall reimburse the City for its out of
pocket expenses incurred. This provision shall be a license granted
by the Developer and/or any other Lot Owner to the City to so act,
but shall not require the City to take any such action. This remedy
is in addition to and not in lieu of the City's right to draw on the
Letter of Credit security provided to the City.
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IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
CITY OF OAK PARK HEIGHTS
7 • ( 4 zi"
/
M. , Ii ;=w
Ma or f
1
Eric •has elf
City As ',1strator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this ) 111‘day of be eznie,r, 2013 before me a Notary Public, within and for
said County personally appeared Mary McComber 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. !-
F
a
of Public
.._ °
(c..-.,_-_,-_,-.,-...,...,,,,-....--_,-....,--,...- . .. ff k,
JENNIFER M. PINSKI
n"1' w NOTARY PUBLIC-MINNESOTA
•.,y ,, ,,, My Commission Expires Jan.31,2017 (q
16
OitIZGA N VILLA,LLC
Its /C�1�7i-(7e
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this /7 day of i z c c 410 i-t1, 2013, before me a Notary Public, within and for
said County personally appeared •[i,vi U L D t to me personally known by me duly
sworn, did say that he is the Chief Manager of Oakgreen Villa, LLC, a Minnesota Limited Liability
Company, named in the foregoing instrument by authority of its Board of Governors and said
•T wr fe D t acknowledged said instrument to be the free act and deed of said entity.
Of I
J�
blic
.1"` JENNIFER M.PINSKI
NOTARY PUBLIC-MINNESOTA
, My Commission Expires Jan.31,2017 6
17
OAKGREEN CO 40 ONS,LLC
/
its0(A)7,M2
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this 1-114lay of I Vit';('p,;jf ( , 2013, before me a Notary Public, within and for
said County personally appeared -Ti al (3 4.1_ and ,
to me personally known, being each by me duly sworn did say that they are respectively the
C' k i( and Oakgreen Commons, LLC, a Minnesota Limited
Liability Company, 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 company by authority of its Board of Governors and said (j()) kb(d Q and
acknowledged said instrument to be the free act and deed of said municipal
corporation.
• • tt�� • -
a�_ —
ot• ► Public tc�,r�r✓�.i1 r ----......c., , :w-
"� '�- �lENNIFER M PINSK!
k ,__4 NOTARY PUBLIC-MINNESOTA N
L.,,,,My Commission Expires Jan.31,2017 l�
✓'Ills✓'✓�✓./ ./' 7
18
. i ;PRO,INC.
1 0
Its ACV
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this I ' day of )P,('1� YYl10Fy, 2013, before me a Notary Public, within and for
said County personally appeared 11 yyi N O)dam,.,. and ,
to me personally known, being each by me duly sworn did say that they are respectively the
i( .Pi - and - of ANCHOBAYPRO, Inc., a Minnesota
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
corporation by authority of its Board of Directors and said M'y i M U l and
acknowledged said instrument to be the free act and deed of said municipal
corporation.
b1ic
t../.l�ll✓I./1fI./J./11J�1✓1 I.rlll,�
JENNIFER M.PINSKI
NOTARY PUBLIC-MINNESOTA s
My Commission Expires Jan.31,2017
19
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg,Lammers,Briggs,Wolff
&Vierling,P.L.L.P.
1809 Northwestern Avenue
Stillwater,MN 55082
(612)439-2878
20
,
EXHIBIT A
LEGAL DESCRIPTION
Lot 1, Block 2, OAK PARK SENIOR LIVING,according to the plat thereof on file and of record
in the office of the Registrar of Titles, Washington County,Minnesota.
Plat Oak Park Senior Living Plat Recorded under the following Document:
Rece114/I 2%06 1235390
PL' S56OO 111111111
RE5ID S.40r3O
Return to:
CCMP ERCIFL PARTNERS
rine Certified Filed and1or recorded on:
200 SOUTH 011 ST#'E3OO
MIN EAnOI.S MN 55402 7t29rx..5 11 24 AM
1235390
Ge4rvitr r 63897 83808
Office offhe Registrar of Titles
Washington County.Minnesota
Jennk r Wapenxas.Rep+SNer of 71,1s4
21
THIS PAGE LEFT INTENTIOANLLY BLANK
22
EXHIBIT A-1 IMPROVEMENTS EXHIBIT
23
1 .
Folz, Freeman, Erickson, Inc.
MU+. LAND P PANNING • SURVEYING • ENGINEERING
1244935thBhaatNaah Mammo Misosota 39042
Engineering Estimate
OWNER: Anchobaypro-Tim Nolde DATE:7/17/2013
PROJECT NAME:Oak Park Memory Care
PROJECT NO. 12-210
Site Construction-Oak Park Senior-Memory Care Addition
ESTIMATED
# DESCRIPTION UNIT MEASURE QUANTITIES UNIT PRICE TOTAL COST
1 Temporary Rock Entrance Each 1 $ 2,000.00 $ 2,000.00
2 Concrct•Sidewalk R•tnoval $q.Ft. 335 $ 2.50 $ $37:50
3 Concrete Curb Removal Lin.Ft. 1310 $ 5.00 $ 6,550.00
4 Saw Cut Bit./Conc. Lin.Ft. 130 $ 2.00 $ 260.00
5 Silt Fencing/Bio Log Lin.Ft. 760 $ 3.00 $ 2,280.00
6 Common Excavation Cu.Yd. 715 $ 2.50 $ 1,787.50
7 Abandon Existing Water Service Each 17 $ 400.00 $ 6,800.00
8 Extend/Relocate Existing Curb Box Each 3 $ 400.00 $ 1,200.00
9 Connect to Existing Sanitary Sewer Each 1 $ 1,500.00 $ 1,500.00
10 Constract Manhole oyr Existing Sanitary MR Each 1 $ 3,500.00 $ 3,500.00
11 6"SCH 40 PVC Lin.Ft. 40 $ 26.00 $ 1,040.00
12 Extend Existing Sanitary Sewer Service Lin.Ft. 60 $ 24.00 $ 1,440.00
13 4"Drain Tile Lin.Ft. 350 $ 14.00 $ 4,900.00
14 4"Drain Tile Cleanout Each 4 $ 110.00 $ 440.00
15 12"HDPE N-12 WT Lin.Ft. 42 $ 19.00 $ 798.00
16 24"HPDE N-12 WT Lin.Ft. 155 $ 36.00 $ 5,580.00
17 30"HPDE N-12 WT Lin.Ft. 218 $ 38.00 $ 8,284.00
18 42"Arch Concrete Pipe Lin.Ft. 36 $ 50.00 $ 1,800.00
19 Catch Basin w/Casting Each 2 $ 950.00 $ 1,900.00
20 Catch Basin Manhole w/Casting Each 3 $ 1,150.00 $ 3,450.00
21 Adjust Casting Each 2 $ 500.00 $ 1,000.00
22 Curb Inlet Protection Each 8 5 250.00 $ 2,000.00
23 B612 Concrete Curb and Gutter Lin.Ft. 965 $ 11.00 $ 10,615.00
24 Surmountable Curb and Gutter Lin.Ft. 275 $ 14.00 $ 3,850.00
25 Handicap Ramp w/Truncated Dome Plates Each 3 $ 200.00 $ 600.00
26 ClaSS 5 Aggr•gat•Bas• Ton 1065 5 11.00 5 11,715.00
27 2"Base Bit.Course MnDOT 2360 MV3 Ton 290 $ 70.00 $ 20,300.00
28 1.5"Bit.Wear Course MnDOT 2360 MV4 Ton 210 $ 70.00 $ 14,700.00
29 MnDOT Spec.Bit.Tack Coat Gal 120 $ 2.00 $ 240.00
30 4"Thick Concrete Sidewalk w/4"Sand Base Sq.Ft. 312 $ 4.00 $ 1,248.00
Page 1 of 2
,
• , k
Folz, Freeman, Erickson, Inc.
IuI±j
LAND PLANNING • SURVEYING • EPE3INEERING
12445 5501 Mare Nandi Ialoealmo Mlmsod 55042
Engineering Estimate
OWNER: Anchobaypro-Tim Nolde DATE:7/17/2013
PROJECT NAME:Oak Park Memory Care
PROJECT NO. 12-210
Site Construction-Oak Park Senior-Memory Care Addition
ESTIMATED
# DESCRIPTION UNIT MEASURE QUANTITIES UNIT PRICE TOTAL COST
31 Rain Garden Soil Cu.Yd. 20 $ 35.00 $ 700.00
32 Rain Garden Sand Cu.Yd. 6 $ 18.00 $ 108.00
33 2'-3'Boulders Each 30 $ 100.00 $ 3,000.00
34 Landscape Topsoil Cu.Yd. 13 $ 18.00 $ 234.00
35 Landscape Rock Mulch Cu.Yd. 100 $ 30.00 $ 3,000.00
38 Landscape Hardwood Mulch Cu.Yd. 75 $ _25,04 S 1,875.00
37 Perennial Plant Each 66 $ 16.00 $ 1,056.00
38 Deciduous Shrubs Each 49 $ 30.00 $ 1,470.00
39 Coniferous Shrubs Each 23 $ 50.00 $ 1,150.00
40 2-1/2"Dia.Deciduous Tree Each 11 $ 200.00 $ 2,200,00
ENGINEERING COST ESTIMATE $ 137,408.00
Page 2of2
INSPECTION NOTICE " ,f
Stantec
Project:Oakgreen Senior Living—Phase 1 &2 x Intermediate ❑ Final Inspection
Inspection (Punch List)
Owner: Tim Nolde From: Chris Long
Date: 11/15/13
•
To: Tim Nolde
Stantec Project No: 193800151
Re: Inspection Notice#3 Owner Project No:
The following items require the attention of the Contractor for completion or correction. This list may not be all-inclusive and the
failure to indude any items on this list does not alter the responsibility of the Contractor to complete all Work in accordance with the
Contract Documents.
Number Item Accepted
1 RECORD PLANS—PROVIDE AS-BUILTS OF ALL UTILITIES CWL2—11/11/13
WATERMAIN
FHI-INSTALL FIBERGLASS FLAG, RAISE HYDRANT TO EXPOSE LJM 11/15/13
2 BREAKOFF FLANGE, TOUCH UP CHIPPED PAINT
3 FH1-2-INSTALL FIBERGLASS FLAG, TOUCH UP CHIPPED PAINT LJM 11/15/13
4 FH2- INSTALL FLAG, TOUCH UP CHIPPED PAINT LJM 11/15/13
GATE VALVES
5 GV3-MISSING LJM 11/15/13
6 GV4-MISSING (one valve is missing either GV3 or GV4)
7 GV8-FULL OF WATER,VERIFY IF KEYABLE LJM 11/15/13
8 GV9-BURIED, RAISE TO GRADE LJM 11/15/13
SANITARY SEWER
9 MH2-BURIED, RAISE TO GRADE ST/AB 11/12/13
MH3 RESET CASTING_, CLEAN OUT(CASTING WAS RESET BUT
10 INVERT STILL DIRTY)
11 MH4-GROUT DOGHOUSES, CLEAN OUT CASTING LID PICK HOLES LJM 11/15/13
Signed by. CHRIS LONG Date: 9/17/13
INSPECTION NOTICE—UPDATED 3-2012
1
t
INSPECTION NOTICE tripA
Stantec
Project: Carriage House Cooperative X Intermediate Inspection Rnai Inspection
(Punch List)
Owner Project No: Stantec Project No: 193800151
Number Item Accepted
STORM SEWER
12 FES5-CLEAN OUT
13 FEST-CLEAN OUT ST/AB 11/12/13
14 FES100- CLEAN OUT ST/AB 11/12/13
15 FES104- CLEAN OUT LJM 11/15/13
16 STMH4-CLEAN OUT, CLEAN UP CONCRETE SPOILS NEXT TO STRUCTURE ST/AB 11/12/13
17 CBMH101-CLEAN OUT, GROUT RINGS LJM 11/15/13
18 CBMH103-GROUT RINGS ST/AB 11/12/13
19 CBMH105-CLEAN OUT, REGROUT FLOW LINE (PITTED)
20 CBMH106-CLEAN OUT
21 CBMH107-CLEAN OUT, CLEAN UP LUMBER NEXT TO STRUCTURE ST/AB 11/12/13
22 CBMH108-CLEAN OUT, TOUCH UP GROUT ON RINGS ST/AB 11/12/13
23 CBMH109-CLEAN OUT ST/AB 11/12/13
24 CBMH110-CLEAN OUT,TOUCH UP GROUT ON RINGS ST/AB 11/12/13
25 CBMH111-BURIED
26 CBMH112-CLEAN OUT LJM 11/15/13
SITEWORK/MISC.
27 REMOVE FORMWORK AT SIDEWALK NORTHEAST OF CBMH3
28 SIDEWALK UNDERMINED WEST OF OAKGREEN AVE N AT OAKGREEN CT N
TRAIL NORTH OF 58T" ST. N. — PROVIDE CORE SAMPLES VERIFYING THE
BITIMINOUS THICKNESS IN AREAS IDENTIFIED BY THE CITY. IF SAMPLES CWL2—11/11/13
ARE LESS THAN 2 INCHES THE TRAIL WILL NEED TO BE REMOVED AND
29 REPLACED.
INSPECTION NOTICE—UPDATED 3-2012
2
•
EXHIBIT B
MASTER PLAN
1
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