HomeMy WebLinkAbout2000-06-30 Fully Executed Developer's Agreement - Original SignaturesTHIS AGREEMENT, made and entered into this 30th day of June,
2000, by and between the City of Oak Park Heights, a municipal
corporation under the laws of the State of Minnesota. (the "City ") ,
and WATE Enterprises, Inc., (the "Developer ") .
WITNESSETH; That:
WHEREAS, the Developer has made application to the City
Council for approval of a proposed subdivision and planned unit
development of lands within the corporate limits of the City
described as follows:
"Lots 1 through 6, inclusive, Block 1, WATE Addition"
(the "Subdivision "); and,
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
WHEREAS, the City Council has on May 23, 2 0 0 0 , granted
general approval to the PUD, 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".
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 sail 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 sail
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 Memorial Ave. 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
and in conformance with the landscaping plans
annexed hereto as Exhibit A.
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
Developer 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
Developer.
G. The Developer shall furnish site lighting in
accordance with the plan annexed hereto as Exhibit
A.
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 $-0- for
Developer.(Park dedication previously paid to
Baytown Township at time of Platting of Kern
Center Second Addition).
I. The Developer shall dedicate and survey all
2. DESCRIPTION
drainage and storm water holding ponds as required
by the City and the same shall be shown on the
final plat. The Developer shall be responsible
for storm sewer cleaning and holding pond
dredging, as required, by the City prior to
completion of the development, which shall be
determined by the city engineer.
The City of Oak Park Heights is requiring
Developer to dedicate storm water drainage areas
and holding ponds to serve Developer's project.
Such areas are incorporated within the drainage
easement conveyed to the city upon execution of
this Development Agreement.
J. The Developer shall be responsible for securing
all necessary approvals, and permits from all
appropriate watershed, federal, state, regional
and local jurisdictions prior to the commencement
of site grading or construction and prior to the
City awarding construction contracts for public
utilities. The Developer shall secure the
appropriate MnDOT access permits if required.
R. wetland Designation. All areas classified as
wetlands shall be displayed upon the plat and /or
conveyed by easement, and those so specified by
the City Engineer shall be dedicated to the public
for that purpose.
OF
PLAN
A IMPROVEMENTS
4
ESTIMATED COST
1 . Boulevard and swale sod $ 1, 4 0 0. 0 0
2. Landscaping n/a
3. Street signs n/a
4. Street lights n/a
5. Grading $ 5,000.00
6. Erosion Control $ 1,500.00
7. Pond Protection & Restoration $ 2,500.00
8. Utility Protection & Repair $ 4,000.00
9. Street Protection & Repair $ 3,000.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20%):
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
SECURITY REQUIREMENT (25%)
TOTAL PLAN A ESCROW
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
5
$17,400.00
$ 3,480.00
$20,880.00
$ 5,220.00
$25,100.00
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, prior to approval of the final PUD, 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. Absent such dedication
all utilities shall utilize existing placements.
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
hereof by the Developer, the Developer will
furnish to, and at all times hereinafter maintain
with the City, a cash deposit, certified check, 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 guarantee and
assure performance by the Developer 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 for the purpose of
guaranteeing the terms and conditions of this
Agreement. The Irrevocable Letter of Credit shall
be renewed or replaced by not later than thirty
(30) days prior to its expiration.
E. Reduction of Escrow Guarantee. The Developer may
request reduction of 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 Letter
of Credit up to the rate of $1.25 for every dollar
that has been paid out of the escrow /Letter of
Credit provided that the project is on schedule,
the Developer 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 Charges. All connection charges and
fees shall be paid by Developer. The City
Engineer shall compute the connection fee as
prescribed by ordinance /resolution as to this
development and advise the City Clerk as to the
appropriate fee to be collected
5. ADMINISTRATIVE FEES. The Developer shall provide
cash payment to the City of Oak Park Heights in
the amount of $4,502.70 to reimburse the City of
Oak Park Heights for previous expenses relating to
this development. Existing bills are as of May 31,
2000 for all services except engineering
(engineering is billed through 4/30/00). Bills for
services rendered after those dates for services
shall be billed monthly. Existing project escrow
accounts shall be held by the City of Oak Park
Heights until completion of the plan A
improvements as certified to by the city engineer,
thereafter any remaining funds shall be refunded
to the Developer.
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 PUD Approval. The City agrees to give
final approval to the Planned Unit
Development Permit 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.
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.
D. The City of Oak Park Heights shall file the
Developer's Agreement 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. 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 are to be offset against
the cash escrows or Letters of Credit which
the Developer has filed and provided to the
City of oak Park Heights, the Developer shall
be given the opportunity to review and
comment on such costs prior to the
application by the City of Oak Park Heights
to the escrow 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 improvements and shall
consult with Developer prior to establishing
same.
G. Zoning. Lots 1 through 6, Block 1, of WATE
Addition has been designated a zoning
classification of B-3 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.
H. Street Grades. The grades of all internal
8
streets shall not exceed 8% and the minimum
grade shall not be less than .5%.
I. 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
throughout the entire parking complex to
provide reasonable handicapped access
throughout the center.
J. Landscaping. Landscaping plan is to be
developed and submitted and annexed hereto as
Exhibit A and incorporated herein by
reference. In addition thereto the developer
shall follow the recommendations made
Arborist affecting tree species selection and
planting and tree removal, if any.
K. Trash Receptacles Are to be located as
depicted on plans to be approved by the
office of the Director of Community
Development, city of oak park Heights.
L. Lighting. Developers have submitted a
lighting plan to the City which has been
approved and is attached hereto as Exhibit A
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.
M. 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 Director
of community Development.
N. 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.
O. The developer shall create a common ownership
community within the property and all
documents relative thereto shall be submitted
In the presence of
/94
In the presence of
r
At\ L4
to and be subject to the approval of the city
attorney.
P. The perimeter of the area parking lots shall
include a concrete curb barrier.
O. The developer shall submit and have approved
by city staff phasing plan for further
development on the site. Additionally
expansion of Building site to the south of
the subject area shall not proceed until an
amendment to the PUD permit has been applied
for and granted by the city.
Q.
Overhead doors on all buildings shall match
the color of the structure.
IN WITNESS WHEREOF, the City and Developer have caused this
Agreement to be duly executed on the date and year first above
written.
2- By
10
CITY OF OAK PARK HEI HTS
By
Its
4/
David S.aaf
Mayor
Thomas M. Dit ena
Administrator
WATE Enterprises, Inc.
STATE OF MINNESOTA )
COUNTY OF WASHINGTON)
On this 30 day of , 2000, before me a
Notary Public, within and for said County personally appeared
David. Schaaf and Thomas M.'Melena, 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. • •
JULIERJOHNSON
NOTARY PUBLIC MINNESOTA
WASHINGTON COUNTY
My Comm. Expires Jan. 31, 2005
STATE OF MINNESOTA )
SS.
• VYVVVVVVVVVVVVVVVVVVVVVVVVVVW
SS.
COUNTY OF WASHINGTON)
On this 30111. day of
, 2000, before me a
Notary Public, within and for said County personally appeared
VAfilfram 14 . Zlyiiii and , to me
personally known, bein3 each by ine duly sworn did say that they
are respectively the FreSident and of
WATE Enterprises Inc., the corporation named
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 Board of Directors and said William ii.21yrfl and
acknowledged said instrument to be the free
act and deed of said municipal corporation.
CHARLES F. ROBERTSON
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan, 31, 2005
THIS INSTRUMENT WAS DRAFTED BY
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
& Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
11
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Notary P blic
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EXHIBIT A
PHOTO METRIC SITE PLAN
LANDSCAPE PLAN
ANDCUTDCCR RECREATION AREA
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