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HomeMy WebLinkAbout2017-11-15 OPH Ltr to CA Forwarding DA For Recording CITY OF 1 i- \: r• }, �* OAK PARK HEIGHTS A-*,'... 14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 November 15, 2017 Mr. Mark Vierling Eckberg,Lammers, Briggs,Wolff&Vierling Attorneys at Law 1809 Northwestern Ave. Stillwater,MN 55082 Re: Palmer Station - Developer's Agreement OPH #2014-05.02 / TPC#236.02-14.02 Dear Mr. Vierling: Enclosed herewith for filing with the Washington County Recorder's Office,please find an original ,',py of the above-referenced document,with attachments and Notice of Ce] iEr a. on. /`- 5,'.., rj ohnson C Administrator I 1 E closures Tree City U.S.A. 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: Developer's Agreement Palmer Station made and entered into the 31st day of October, 2017, by and between the City of Oak Park Heights and Creative Home Construction Investments LLC, 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 Park Heights, this 15th y of November, 2017. ( ///, 1 Eric John-.n, City Administrator CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA DEVELOPER'S AGREEMENT PALMER STATION THIS AGREEMENT, made and entered into this 31jr day of2017, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota(the"City"),and Creative Home Construction Investments LLC,.,(the"Developer"). WITNESSETH;That: WHEREAS, the Developer has made application to the City Council for approval of a subdivision, conditional use permit and zoning district amendment related to land within the corporate limits of the City,to be platted as"Palmer Station"described as follows: See Attached Exhibit A (the"Subdivision");and, WHEREAS,the City Council has on July 22,2014,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 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 and/or certificate of occupancy being issued. Building sites must also remain in conformance to the grading plan elevations thereafter. 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 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 2 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. 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,including water-curb stops,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 is in the amount of$43,280.00 for this subdivision. I. The Developer shall dedicate and survey the storm water drainage pipe constructed to connect through the neighborhood to the south of this development.Developer shall convey an easement for the pipe to the city on an easement deed approved and prepared by the City Attorney.Storm Water Ponds shall remain privately owned by Developer or its assigns. The Developer and property owners shall be responsible for storm sewer cleaning,holding and pond dredging for all storm water ponds on site. 3 J. The Developer shall be responsible for securing all necessary approvals, PVDs, 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 K. Drainage and utility easements. 10 foot drainage and utility easements shall be provided along all lot lines along the platted lots. 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. Permanent field marking fixtures shall be installed by the Developer designating wetlands and required wetland setbacks and shall permanently remain in place. Such marking type and fixture shall be provided and installed by the Developer subject to the approval of the City Engineer. 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. All tree replacement fees due the City pursuant to the City Tree Protection ordinance following shall be paid within 10 days following the Arborists certification of amounts due. 0. 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. 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 4 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 the necessary work. Any costs incurred in resolving these 5 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. P. Underground Installation of Electrical Distribution Lines. Pursuant to City ordinance Chapter 1008 all electrical distribution lines located or to be located upon the site shall be installed and maintained underground. 2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST 1. Site Clearing $35,000.00 2. Earthwork $117,925.00 3. Erosion Control & SWPPP $25,440.00 4. Storm sewer(private) $20,190.00 5. Utility Protection&Repair $5,000.00 6. Street Protection &Repair $20,000.00 7. Landscaping $49,640.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $273,195.00 ESTIMATED ENGINEERING,LEGAL AND ADMINISTRATIVE(20%): $54,639.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $324,834.00 6 SECURITY REQUIREMENT(25%) $81,208.00 TOTAL PLAN A ESCROW $406,042.00 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 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 security 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 security, that Developer shall pay all attorney's fees and administrative expenses associated with said action. E. Surety Term. The Developer shall post a letter of credit(form to be approved 7 by the city attorney)to secure the timely and proper installation of the Plan A improvements and adjusted for final pricing to be obtained by Developer and supplied to the city on or before March 1,2018. 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: 1. DESCRIPTION OF IMPROVEMENT ESTIMATED COST A. Sanitary sewer $84,828.00 B. Water main $84,836.00 C. Street Improvements $110,858.00 D. Storm Sewer $69,595.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN B IMPROVEMENTS: $350,117.00 ESTIMATED ENGINEERING,LEGAL AND ADMINISTRATIVE(20%): $70,023.00 SECURITY REQUIREMENT(25%) $105,035.00 TOTAL PLAN B ESCROW $525,175.00 2. That prior to the City ordering the installation and awarding the contracts as it relates to the Plan B improvements and the costs therefor, the Developer shall deposit with the City of Oak Park Heights, the total estimated cost of the Plan B improvements for a total of$525,175.00 by way of cash deposit or posting of a letter of credit (form to be approved by the city attorney). The City shall pay from said deposit/letter of credit all expenses related to the construction of the Plan B improvements providing for the construction of same as follows: 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 8 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 projected amount of $525,175.00 the final amount shall be determined following receipt of the bids for the work which shall be obtained on or before March 1, 2018. 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. Security under this paragraph shall be retained until the city engineer has certified that all improvements have been built to city specification and Developer has posted a 2 year Warranty bond for 10% of the total cost of the improvements or provided an escrow for the same amount. C. 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; 9 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. D. 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. E. 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. F. Change Orders. No change order increasing the contract expense shall be authorized by the City without first notifying Developer of the change. Developer shall advise the city on any proposed change order but final decision will remain with the city. G. 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. H. Connection Charges. All connection charges and fees shall be paid by Developer upon execution of this Developer's Agreement. 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: 10 Sanitary Sewer $ 15,257.32 Water $79,335.36 Storm Sewer $ 7,138.56 Total $101,731.24 5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow account to the City of Oak Park Heights in the amount of $41,250.00 to reimburse the City of Oak Park Heights for previous billed expenses relating to this development and for engineering work to be performed by the City Engineer' prior to land disturbance permits being issued. Developer shall be responsible for any administrative and engineering expenses incurred in excess of the escrow. 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 "Palmer Station" 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, permits may be issued by the City. In the event that the final Plat is rejected by Washington County for recording for any reason this Developer's Agreement shall be suspended until final approval and recording by Washington County is achieved. 1 Escrow is required to support Tasks 1 and 2 of the City Engineer's correspondence of October 13, 2017 11 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. July 22, 2014 Resolution No. 1 of the City Council for the City of Oak Park Heights. �/y.07- 37) 2. Planners Reports Dated June 5,2014 and July 3, 2014. 3. July 7, 2014 Letter to Steve Johnson PE from Eric Johnson City Administrator. 4. May 20,214 Report from City Arborist(e-mail) D. Developer's Agreement Recording. The City of Oak Park Heights shall file the Developer's Agreement of record in the office of the Washington 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 or mortgage lenders. 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 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 establish construction schedules for Plan A and Plan B improvements and shall consult with Developer prior to establishing same. G. Zoning. Palmer Station has been designated a zoning classification of 12 R-1 (Single Family Residential District 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. The Developer further agrees that all homes to be constructed within the Development shall be first reviewed for compliance with approved designs as presented to the City Council by the Developer and as outlined in City Resolution# 14-07-37 H. Street Grades. The grades of all streets shall not exceed 8% and the minimum grade shall not be less than .5%. Landscaping. A final landscaping shall be developed and implemented on site according to the approved plan. 1. The planting details depicted within the landscape plan shall implement a lowest branching height to provide a uniform appearance and to allow clearance for pedestrians, all in a manner to be designated and approved by the City Forester. 2. Sodding and Seeding are discussed in the planting notes but not defined in the illustration plans. The areas of sodding and seeding shall be identified in a final plan to be submitted and approved by the City Forester. J. Lighting. In the future should developer desire to place street lighting in the subdivision Developer 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. K. Signage. Monument signage may be allowed for the subdivision. A final drawing and identified placement location for the signage must be submitted to and approved by the City Council. Any entrance signage — if installed - shall remain the sole responsibility of the Developer and/or the subsequent homeowners within the Development. The Developer shall place such an advisory in any sale documentation. 13 L. 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 attorney's 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. M. Assignment. The Developer may not assign this Agreement without the written permission of the City. O. City Council Imposed Conditions. The following conditions have been imposed by the City Council upon this development as a condition precedent to approval: 1. The preliminary and final plat, as well as the dedication of easements shall be subject to the review and approval of the City Engineer and City Attorney. 2. The Applicant shall pay a park dedication fee of 10 percent of the fair market value of the land payable as specified in the Development Agreement. 3. An easement with the City of Oak Park Heights shall be required to provide access to Oak Park Boulevard. 4. An easement with the City of Oak Park Heights shall be required for placement of the entrance monument sign. 5. Drainage and utility easements along the road/cul-de-sac right of way shall be increased to 15 feet to compensate for the proposed road right of way width and radius. 6. The Fire Chief, Police Chief and City Engineer shall comment on the proposed street dimensions and adequacy for emergency vehicle access. 7. The Applicant shall provide a 10 foot easement on the west side of the Palmer property to be retained by the City for future sidewalk/trail development subject to review and approval of the City Engineer. 8. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. There shall be no reduction allowed for the required tree replacement. 9. The proposed wetland buffer impact/mitigation plan is subject to review and approval of the City Engineer. 14 10. The street construction plans shall be subject to review and approval of the City Engineer. 11. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. The City Engineer shall require the installation of a storm water pipe between 5519 and 5523 Oakgreen Place North to address the 100 year storm events. The City Engineer and Project Engineer shall continue to resolve any issues with storm water drainage on the south property line. The City Council determined that the Applicant shall pay 100 percent of all project costs for the storm sewer improvements. 12. All utility plans shall be subject to review and approval of the City Engineer. 13. The Applicant shall be responsible for capping the well and removal of the septic systems, cistern and oil tank in compliance with Washington County and if applicable, Minnesota Pollution Control Agency standards. 14. The City will not maintain the landscaping and monument entrance sign; that will be the responsibility of the home owners. The City will specify the provisions related to the easement and maintenance in the Development Agreement. 15. The City Council was favorable to the proposed final building appearance, colors, materials and the variety of the house plans as part of the PUD/CUP review. 16. For emergency vehicle access purposes, parking will be allowed on one side of the street only, and no parking be allowed within the cul-de-sac. 17. The City Council agrees to the request to reduce the allowable setback on the garage side of the home to a minimum of 5 feet. The setback to the dwelling portion of the home would remain at 10 feet. A garage to garage setback would be required to be 15 feet. 18. The applicant shall be required to enter into a development agreement. The development agreement shall secure site improvements, protection of neighboring properties, and municipal infrastructure. The development agreement shall be subject to the review and approval of the City Attorney and City Council. 15 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 OAK PARK HEIGHTS 119 cComber Mayo Eric Johns,' City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ' 7 n' day of NO VtV14 b ( , 2017 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. tot. - Nota ► ' . lie :4. •; JENNIFER M. PINSKI A:-.4;',40) NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31,2022 16 In the presence of: Creative H me Construction nvestments LLC, Inc Nick Hackworthy Its:President STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this-3 I day of 6CA-'06F-a ,2017,before me a Notary Public,within and for said County personally appeared Nick Hackworthy to me personally known, by me duly swom did say that he is the President of Creative Home Construction Investments,LLC,a Minnesota Limited Liability Company, named in the foregoing instrument;and that said instrument was signed and sealed on behalf of said Limited Liability Company by authority of its Board of Governors and said Nick Hackworthy acknowledged said instrument to be the free act and deed of said Limited Liability Company.. CLAIRE E. THONE WALE 1//� j /�/ p ', NOTARY PUBLIC ` (/`rJVI.� �1€_lc�"� MINNESOTA Notary Public _ Yr Commission Expires Jan.it,>lOtt 17 THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling Eckberg,Lammers,Briggs,Wolff &Vierling,PLLP 1809 Northwestern Avenue Stillwater,MN 55082 (651)439-2878 18 EXHIBIT A LEGAL DESCRIPTION All that part of the Southwest Quarter of the Northwest Quarter of Section 4 in Township 29 North of Range 20 West of the Fourth Meridian, described as follows, to-wit: Beginning at the Northwest corner of said Southwest Quarter of Northwest Quarter; running thence south along the west line thereof 897.2 feet; running thence East and parallel with the North line thereof 485.52 feet to a point; running thence North and parallel with the west line thereof 897.2 feet to the north line thereof; running thence West along the north line thereof 485.52 feet to the point of Beginning. EXCEPT FOR: That property previously convened to Quentin W. Nordeen and Evelyn E. Nordeen by warranty deed dated April 7, 1959, recorded April 7, 1959 in Book 219 of Deeds, page 275 which is more particularly described as follow: All of that part of the Southwest quarter (SW1/4) of the Northwest quarter (NW 1/4)of Section Four (4), Township Twenty-nine (29) North, Range Twenty (20) West, Washington County, Minnesota, described as follows: Beginning at a point on the West line of the Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) of Section Four (4), Township Twenty-nine (29) North, Range Twenty (20) West, Washington County, Minnesota, Seven hundred ninety-seven and two-tenths (797.2) feet South of the Northwest (NW) corner of said Southwest Quarter of the Northwest Quarter(SW 1/4 of NW 1/4) Section Four (4); thence South along said West line of Southwest Quarter of the Northwest Quarter(SW 1/4 of NW '/4)One hundred (100) feet; thence East and parallel with the North line of the said Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) One hundred eight-three (183) feet; thence North and parallel with said West line of Southwest Quarter of the Northwest Quarter(SW 1/4 of NW 1/4) Section Four (4), One hundred (100) feet; thence West and parallel with said North line of Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) of Section Four(4), One hundred eighty-three (183) feet to the point of beginning. and EXCEPT that property previously conveyed to Jordyce M. Johnson, dated May 10, 1963 in Book 262 of Deeds, page 346; AND to Simon O. Johnson 1963, recorded October 14, 1963 in Book 262 of Deeds, Page 346 which is more particularly described as follows: The North One hundred fifty-three (153.0) feet of the West Four hundred eighty-five and fifty-two hundredths (485.52) feet of the Southwest Quarter of the Northwest Quarter 19 (SW 1/4 of NW 1/4) of Section Four (4), Township Twenty-nine (29) north, Range Twenty (20) West, according to the United States Government Survey thereof and EXCEPT that property previously conveyed to Allan T. Palmer and Georgann E. Palmer by warranty deed dated April 20, 1972, recorded April 21, 1972 in Book 316 of Deeds, page 161 which is more particularly described as follows: That part of the Southwest Quarter of the Northwest Quarter(SW 1/4 of NW '/a) of Section 4, Township 29 N, Range 20 W, described as follows: Beginning at a point on the West line thereof 153 feet South of the Northwest corner; thence East parallel with the North line 485.52 feet more or less to intersect the West line of Tract A of Registered Land Survey No. 70; thence South along said West line of Registered Land Survey 100 feet; thence West parallel with the North line of said Southwest Quarter of the Northwest Quarter (SW 1/4 of NW 1/4) to the West line thereof; thence North along the West line 100 feet to the beginning. TO BE PLATTED AS Lots 1 through 13,Block 1 PALMER STATION 20