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Property Tax Reform (2)
410 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into thiscbday of April, 2000 by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (hereinafter the "City"), and United States Postal Service, (hereinafter "USPS"). WITNESSETH; That: WHEREAS, the seller of the Property proposed to be purchased by the USPS has made application to the City Council for vacation of drainage and utility easements between the real property described as follows: Lots 1 and 2, Block 2 Kern Center Second Addition (the "Property"); and 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 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 Improvements under which it is constructing its Facility according to the following terms and conditions which will be applicable until the USPS's construction is complete: A. USPS's general contractor shall do all site grading including building 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. 4/12/00 1 • • • B. USPS's general contractor 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. 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 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. 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. D. 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. F. USPS shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the USPS 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 55th Street extensions. USPS shall be responsible for the removal of snow from all 4/12/00 2 • • gravel streets. The repair of any damage done to the streets or public utilities shall be the financial responsibility of USPS. G. USPS shall furnish lights and site improvements in accordance with the approved site plan and with the City's Design Guidelines and Zoning Ordinance. I. USPS shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development until the USPS project is complete. 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 to the extent required by law. 2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST 1. 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 8. 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 4/12/00 3 • • • • • 3. CONSTRUCTION OF PLAN A IMPROVEMENTS. 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 charges include Sanitary Sewer at $2540.00 per acre, Municipal Water at $4,420.00 per acre, and Storm Sewer at $5,600.00 per acre. Connection fees for all lots and blocks are due and payable upon execution of this agreement and are as follows: Lots 1 & 2 $65,563.20 B. Assessments. The City has recently assessed the property for the Kern Center improvements. The USPS agrees to pay this one-time fee in accordance with the resolution adopting and levying said assessments. The balance owing the City presently is $39,468.39 which does not include the first years payment already certified to Washington County for collection in the amount of$5,356.42. C. Sewer Availability Charges. USPS agrees to pay the Metropolitan Council sewer availability charge that must be paid in order to connect the building to sanitary sewer services. 4/12/00 4 • 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. The City will provide copies of invoices relating to costs incurred with its consultants relating to the USPS. 6. PLAN B IMPROVEMENTS. 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 1. Base preparation/street/sidewalk $43,280.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN B IMPROVEMENTS $43,280.00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE $ 8,660.00 B. The USPS 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 Payment. 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. 4/12/00 5 .• • • 2. A description of the work performed. 3. A certificate of final acceptance by the City engineer. 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 1988, P.L. 100-496. 3. USPS 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. USPS 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 USPS's written consent. 4/12/00 6 • . , . • 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. 7. SYSTEMS CHARGE RECOVERY 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: '/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 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 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. 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. 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. 4/12/00 7 r S C. Incorporation of Reference. The following conditions imposed by order of the City Council is annexed hereto as Exhibit A, and shall be complied with by USPS: Exhibit A List of Conditions The City of Oak Park Heights may file USPS's Agreement of record in the office of the County Recorder. D. 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 Organizations. USPS shall secure approval from all water management organizations affected by this development prior to final approval. 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 10 K PARK HEIGHTS 4/11 David Schaa , Mayor Thomas Melena, City Administrator UNITED STATES POSTAL SERVICE In the presence of: ,/, By 4441-.4 Its: _�t..1.:.L.nr �6 By 11*-4ai 444 yy 1 4/12/00 •' . T r i& OFn C 'I( 8 •` • • STATE OF MINNESOTA ) ) COUNTY OF WASHINGTON) § On this a6 day of , 2000, before me David Schaaf and Thomas Melena, to me personally known, being 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. • KIMBERLY J.KAMPER t,�,'� NOTARYPUBUC-MINNESOTA Notary Piib li • MY Commission Expires Jan.31,2005 K�5F/v545 STATE OF N�''oNE� ) COUNTY OF WA&�) § On this ani day of May 2000 before me ap eared Y) uji5k-deg and .sk.L 644s44Sort known to me to be the jrp c iLe✓ and Corrh.w 4irti OFf,cw 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. DEBORAH A. RIDGWAY 40e/ a NOTARY RUBUO STATE OF KAN AS Notary Public Mfr Appointment THIS INSTRUMENT WAS DRAFTED BY: Mark J Vierling Eckberg, Lammers, Briggs, Wolff&Vierling 1835 Northwestern Ave. Stillwater, MN 55082 Ph (651) 439-2878 4/12/00 9 • • EXHIBIT A TO DEVELOPERS AGREEMENT BETWEEN THE UNITED STATES POSTAL SERVICE AND THE CITY OF OAK PARK HEIGHTS 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. The east parking lot shall be designed to accommodate a possible future change to 90 degree parking. 3. Two-way traffic shall be provided within 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 light 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. 11.The facility shall be named the Oak Park Heights Carrier Annex. 4/12/00 10 12/09/99_15:52 FAX FLUEGEL MOYNIHAN GI]001 FM&C 41111 FLUEGEL, MOYNIHAN & CLINTON, P.A. Attorneys At Law Donald J.Fluegel" 1303 South Frontage Road,Suite 5 Telephone 651-438-9777 Shawn M.Moynihan Hastings,MN 55033-2477 Fax 651-438-9775 Jack W.Clinton" Joan M.Pluegel TELECOPIER COVER LETTER DATE: I Cl _q- qQ Please deliver the following page(s) to: NAME: 1" v N1i FROM: TELECOPIER NUMBER: 4L - 0,5,77'4 RE: Total number of pages including this cover sheet: I i- If you do not receive the entire telecopy please call Eby n as soon as possible. TELEPHONE: (651) 438-9777 FAX (651) 438-9775 HARD COPY TO FOLLOW YES X NO CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private, confidential and are the property of the sender. The information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the Intended recipient, be advised that any unauthorized disclosure, copying,distribution, or the taking of any action in reliance on the contents of this telecopied information Is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us. I'Also admitted to practice in Wisconsin '1"Certified as a Real Property Law Specialist by Minnesota State Bar Association 12/09/99 15:52 FAX • FLUEGEL MOYNIHAN 11]002 • FM&C FLUEGEL, MOYNIHAN & CLINTON, PA. Attorneys At Law Donald J.Fluegel• 1303 South Frontage Road,Suite 5 Telephone 651-438-9777 Shawn M. Moynihan Hastings,MN 55033-2477 Fax 651-438-9775 Jack W.Clinton" Joan M.Fluegel December 9, 1999 Sent Via Fax 651-439-0574 Mr. Thomas M. Melena City Administrator 14168 N 57`" St Box 2007 Oak Park Heights MN 55082 RE;; U.S.P.S. Facility Dear Tom: I am enclosing a first draft of the Development Agreement for the Postal Service Annex facility. I have received the numbers to include for the cost of the improvements and related financial guarantees. That section of the agreement is blank in terms of the numbers, but I will have it completed tomorrow. I have modified this draft from the American Inn Development Agreement. The following items will need to be completed: 1. The legal description. 2. The date that the city council grants approval for this facility. 3. The estimates cost and the amount of the financial guarantee for the plan improvements. 4. The planners memorandum that is to be prepared concerning the various conditions to be complied with concerning the project which include: a. Building materials; b. Landscape plans; c. Request for service windows; d. Outside storage; e. Building sprinkler system (for fire); f. Leaving the existing vegetation on the general northwest corner of the property to maintain screening, plus the addition of the birm; g. Name of the facility; *Also admitted to practice in Wisconsin "Certified as a Real Property Law Specialist by Minnesota State Bar Association 12/09/99 15:52 FAX FLUEGEL MOYNIHAN E 003 • December 9, 1999 Page 2 h. Signage; i. Any other site conditions. You will note that I have referenced Exhibits A, B and C. I have left in the other two in the event that there are any conditions from the engineer in addition to the letter from Joe Anderlik dated October 15, 1999. I have incorporated a draft paragraph for the payment in lieu of taxes that is paragraph 6. Please review this. I have incorporated a base payment of $20,000, to commence payment in the year of 2001. I have included an addition to that base payment of an amount equal to the percentage increase in the taxes adopted by the city. That may have to be defined further to specify that the percentage increase will be in the amount of the levy to the general tax base rather than an increase in the budget alone, since I realize these can be two different figures. I have provided that the finance department will advise USPS by March 15 of every year of the increase in the amount and then %2 of that is payable on May 15 and the other half on November 15, together with the base payment of $20,000. If you have any suggestions to changing the language in any way, please let me know. I know that some of the formatting needs to be cleaned up. That will be done in the draft agreement I will bring with me to the meeting tomorrow. However, I wanted to get the substance of this to you so that any rough edges are taken off the agreement before meeting with the Postal Service representatives. I would appreciate receiving any comments on proposed changes so that I can make revisions and have the revised draft ready for the meeting. Thank you for your attention to this matter. Very truly yours, FLUEGEL, MOYNIHAN & CLINTON, P.A. Lo , 011A..+Jalkj J ck W. Clinton JWC/rlk OAK71140-01 12/09/99 15:52 FAX • FLUEGEL MOYNIHAN E 004 • CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA DEVELOPER'S AGREEMENT THIS AGREEMENT,made and entered into this day of December, 1999,by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (hereinafter the"City"), and United States Postal,(hereinafter "USPS'"),. WITNESSETH; That: WHEREAS, the USPS has made application to the City Council for approval of a U.S. Post Office Carrier Anex (the "Facility") within the corporate limits of the City formerly described as follows: Lots And Kern Center Second Addition (the"Subdivision"); and WHEREAS,the City Council has on December , 1999,granted approval to the Facility,on the condition that the USPS enter into this Agreement stipulating the conditions for the installation 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 premises and of the mutual promises and conditions hereinafter contained,it is hereby agreed as follows: Designation of Improvements: Improvements to be installed at USPS's expense by the USPS as hereinafter provided are hereinafter referred to as'Plan A Improvements". 1. PLAN A IMPROVEMENTS: The USPS will construct at it's own expense the following improvements under Plan A as to Lot under which it is constructing its Facility according to the following terms and conditions: • A. The Developer shall do all site grading including building 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,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. B. USPS shall control soil erosion ensuring: 12/09/99 15:53 FAX • FLUEGEL MOYNIHAN 01005 • 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. USPS 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 may be periodically required by the City shall be installed prior to development when 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. C. The USPS shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. D. 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 facility and as required by the ordinances of the City. 2 12/09/99 15:53 FAX FLUEGEL MOYNIHAN Z006 • • 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 commercial buildings are occupied prior to completing streets, the USPS shall maintain a smooth driving surface and adequate drainage on all temporary streets, USPS shall be responsible for the removal of snow from all gravel streets. The repair of any damage done to the streets or public utilities shall be the financial responsibility of the 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. I. USPS shall dedicate and survey all drainage and utility easements as required by the City as shown on the final plat or replat as may be required. USPS shall be responsible for storm sewer cleaning and holding pond dredging,as required,by the City prior to completion of the development. • J. USPS shall be responsible for securing all necessary approvals and permits from all appropriate federal, state, regional and local jurisdictions prior to the commencement of site grading or construction. K. Drainage and utility easements. 10 foot drainage and utility easements shall be provided along all lot lines for: 2. DESCRIPTION OF IMPROVEMENT ESTIMATED COST (Lot ) 1. Boulevard and swale sod $ 00.00 2. Landscaping $ ,000.00 3. Street signs $ n/a 4. Street lights $ .00 3 12/09/99 15:53 FAX FLUEGEL MOYNIHAN Z007 ID 5. Grading $ ,000.00 6. Pond grading and seeding $n/a 7. Erosion Control $ ,000.00 8. Pond Protection&Restoration $ ,000.00 9. Utility Protection&Repair $ 00.00 10. Street Protection&Repair $ 00.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: 5,000.00 ESTIMATED ENGINEERING,LEGAL AND ADMINISTRATIVE(20%): $00.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $00.00 SECURITY REQUIREMENT(25%) $ 00.00 TOTAL PLAN A ESCROW 5,000.00 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. 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. 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. Subject to the provisions of paragraph 1 above, the USPS shall dedicate to the City, at no cost to the City drainage and utility easements 4 12/09/99 15:53 FAX FLUEGEL MOYNIHAN Z008 reasonably required by the City to accommodate the Facility. All such easements required by the City shall be in writing, and in recordable form, containing such terms and conditions as the City chat'determine. D. Faithful Performance of Construction Contracts. The USPS and 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 hereof by USPS it will furnish to, and at all times hereinafter maintain with the City, a cash deposit, performance bond,or an Irrevocable Letter of Credit,based on one hundred and twenty-five percent(125%)of the total estimated cost of Plan A Improvements as indicated in Section 2. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Oak Park Heights and shall state thereon that the same is issued to assure performance by USPS of all the terms and conditions of this Development Agreement and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit, cash deposit or Bond under the terms and conditions of this Agreement. The Cash Deposit,Bond or Irrevocable Letter of Credit shall be renewed or replaced by not later than twenty(20)days prior to its expiration with a like letter or bond. E. Reduction of Escrow Guarantee. The USPS may request reduction of cash deposit,Bond or the Letter of Credit or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. The amount of reduction will be determined by the City and such recommendation will be submitted to the City Council for action. Following any payment for a Plan A improvement which is within the Engineer's estimate, the City may consider and allow a reduction of the Cash deposit,Bond or Letter of Credit up to the rate of$1.25 for every dollar that has been paid out of the escrow provided that the project is on schedule,USPS is not in default under the terms of the Development Agreement and/or no extraordinary expenses beyond the engineering estimate have been incurred during the course of the project. 4. Connection fees: The City Engineer shall compute the connection fee as prescribed by ordinanre/resolution as to the facility and advise the City Clerk as to the appropriate fee to be collected. 5 12/09/99 15:54 FAX FLUEGEL MOYNIHAN f 009 Connection fees for all lots and blocks are due and payable upon execution of this agreement and are as follows: Lot $,.00 Lot $,.00 5. The shall reimburse the City for engineering, legal and administrative costs relating to the public improvements involved and to be incurred by the City in connection with the Facility. 6. PAYMENT IN LIEU OF TAXES USPS agrees to make a payment to the City, in lieu of taxes,in the amount of Twenty thousand and 00/100($20,000.00)(the"Base Pilot")per year commencing on the 15th day of May 2001 at which time one-half of said amount is due,and on the 15th Day of November 2001,at which time the balance shall be sue, and on May 15 and November 15 in each year thereafter, so long as the USPS owns the Facility. Commencing in 2002, and each year thereafter, the sum equal to the percentage increase in the taxes adopted by the City shall be added to the Base Pilot. The addition shall be compounded from year to year,and one-half of the total of the Base Pilot and the annual increase shall be paid on May 15 and one-half paid on November 15. The City Finance Department shall certify to the USPS the amount due in addition to the Base Pilot by March 15 of each year. 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 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 the USPS. B. Final Nat 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. • 6 12/09/99 15:54 FAX FLUEGEL MOYNIHAN1111Lin010 C. Incorporation ofReference. The following conditions imposed by order of the city council are annexed hereto as Exhibits A,B,and C and shall be complied with by the USPS: Exhibit A Planners Report dated December ,1999. Exhibit B Exhibit C D. The City of Oak Park Heights may file the Developer's Agreement of record in the office of the County Recorder. E. As to any and-all administrative, legal or engineering costs which the USPS is expected to pay to the City,which costs are to be offset against the cash escrows or Letters of Credit which the USPS has filed and provided to the City. F. Establishment of Construction Schedules. USPS shall establish construction schedules for Plan A improvements and shall consult with The city engineer prior to implementing same. G. Easements. All public utility and drainage easements shall be depicted on the plat and dedicated to the City of Oak Park Heights. H. Water Management Organizations. USPS shall secure approval from all water management organizations affected by this development prior to final approval. 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 By David Schaaf Mayor 12/09/99 15:54 FAX FLtTEGEL MOYNIHAN Z011 • • Thomas Melena Administrator In the presence of: United States Postal Service By Its; By Its: • STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of , 1999,before me David Schaaf and Thomas Melena, to me personally known,being 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 personally appeared Barbara to be the free act and deed of said municipal corporation. Notary Public 8 12/09/99 15:54 FAX • FLUEGEL MOYNIHAN [ ]012 • STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of , 1999,before me a Notary Public,within and for said County personally appeared ROBERT L. BRACKEY and Janet M. Brackey,husband and wife,to me personally known,being each by me duly sworn did say that they are respectively the persons named in the foregoing instrument;and that said instrument was signed by ROBERT L.BRACKEY and Janet M. Brackey as their own free act and deed. Notary Public STATE OF MINNESOTA COUNTY OF WASHINGTON On this day of 1999 before me appeared and known to me to be the A and of Champion L.L.C.; respectively, and the same signed the foregoing development agreement on behalf of Champion L.L.C. representing that they had full authority and power on behalf of said entitiy to do so and affixed their signitures hereon as their free act and deed on behalf of said entity. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Jack W.Clinton Fluegel,Moynihan& Clinton,P.A. 1303 South Frontage Rd. Hastings,MN 55033 (651)438-9777 9 02-02-98 11 :47 :42 AM FROM: LEAGUE of MN CITIES TO: 4394439 PAGE 2 APR 18 '97 03:56PM LERGUE OF MN CITIES P.1 LMC145 University Avenue West, St. Paul, MN 55103-2044 Leageo of Minnesota Cities Phone: (612) 281-1200 • (800) 925-1122 Cities promoting owenanoo Fax: (612) 281-1299 • TDD (612) 281-1290 Property Tax Reform Briefing Paper Issue synopsis/League position: Again in 1997,property tax reform has become a major legislative focus. During last year's legislative elections,many candidates committed to property tax reform. With the February announcement that the state's budget outlook is very optimistic and that money for reform could be available,the chances for property tax reform are certainly more likely. However, with 201 legislators talking about reform,there are at least that many variation of what reform ought to be. Generally,the property tax reform proposals that have been introduced to date contain four major elements: 1) class rate compression; 2) additional state funding for schools; 3)cuts in state LGA and HACA to cities and counties;and 4)new or expanded state taxes. In addition,legislators have introduced many modest proposals to reduce certain property class rates or otherwise modify the property tax system. To date,there have been 68 property tax related bills introduced in the House and 59 introduced in the Senate. Messages for Legislators: With property taxes a growing concern in many communities,reform must not increase the overall reliance of the state and local units of government on the property tax. If the system must be reformed,city officials want true reform that will guarantee long-term stability for local government finances. City officials believe that levy limits,property tax freezes, and state aid cuts are not reforms and these measures will only delay true, long-term tax reform. City officials support class rate compression where the property tax has created a demonstrated problem for a class of property and where property tax modifications are an appropriate policy response. We support additional state funding for K-12 education as long as it permanently reduces the education reliance on the property tax. We oppose market value levy provisions,levy limits,a property tax freeze and cuts in LGA and HACA. Pending Major Bills/Status: For a summary of the major bills,please refer to the attached side-by-side table. To date, the House has held informational hearings on several of the major reform proposals. The Senate Property Tax Subcommittee has begun background hearings on various components of property tax reform. Neither body has yet held substantive hearings on any of the major reform proposals. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 02-02-98 11 : 47 : 42 AM FROM: LEAGUE of MN CITIES TO: 4394439 PAGE 3 APR 18 '97 03:56PM LEAGUE OF MN CITIES P.2 House Bills H.F. 639 (Rest;Macklin; Anderson,l.; Goodno and Greiling)has received its initial hearing in the House Tax Committee but no vote was taken. H.F. 978 (Goodno, Pelowski,Garcia, Weaver and Kraus)received its initial hearing in the House Tax Committee but no vote was taken. H.F. 1103 (Van Dellen and Paulsen)has not yet received a hearing. H.F. 1253 (McElroy and Long)has not yet received a hearing. H.F. 1292 (Dawkins,Long,Macklin and Olson,E.)Received its initial hearing in the House Tax Committee but no vote was taken. H.F. 1442 (Pelowski)has not yet received a hearing. H.F. 1617(Macklin, Long, Koppendrayer, Kelso and Abrams)has not yet received a hearing. H. F. 1643 (Bishop)has not yet received a hearing. Senate Bills S.F. 763 (Messrs. Sams; Johnson, D.J.; Johnson, D.E. and Mrs. Scheid) is the companion to H.F. 978 (Goodno). The bill has not yet received a hearing. S.F. 821 (Messrs. Hottinger; Johnson, D.J.; Ms. Pappas, Mr. Murphy and Mrs. Scheid) is the companion to H.F. 639(Rest). The bill has not yet received a hearing. S.F. 1057 (Messrs. Belanger and Johnson, D.J.) is the companion to H.F. 1253 (McElroy). The bill has not yet received a hearing. S.F. 1100 (Messrs. Novak and Johnson, D.J.) Has not yet received a hearing. This bill is the companion to H.F. 1292 (Dawkins). S.F. 1176 (Mr. Johnson, D.H.) Has not yet received a hearing. This bill is similar to the property tax freeze bills offered by various Senators in 1995 and 1996. S.F. 1364 (Messrs. Hottinger; Johnson, D.J. and Ms. Pappas) has not yet received a hearing. 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