HomeMy WebLinkAbout2003-04-09 WC Recorded Document #3325551 - Developer's AgreementWITNESSETH; That:
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
ALots 1 through 6, inclusive, Bloc. 1, WATE Addition a@
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THIS 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 ").
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:
(the "Subdivision"); and,
WHEREAS, the City Council has on May 23, 2000, 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:
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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.
ensuring:
B. The Developer shall control soil erosion
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 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
andlor resolution. The cash park dedication fee for this subdivision is in the amount of $ -O- for
Developer.(Park dedication previously paid to Baytown Township at time of Platting of Kern
Center Second Addition).
Y. The Developer shall dedicate and survey all
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.
K. Wetland Designation. All areas classified as
wetlands shall be displayed upon the plat andlor conveyed by easement, and those so specified by
the City Engineer shall be dedicated to the public for that purpose.
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
Boulevard and swale sod $ 1,400.00
2. Landscaping nIa
3. Street signs nia
4. Street lights rla.
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
1.
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $17,400.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 %): $ 3,480.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $20,880.00
SECURITY REQUIREMENT (25 %) $ 5,220.00
TOTAL PLAN A ESCROW $26,100.00
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, 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°/x) 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
S. ADMINISTRATIVE FEES. The Developer
cash payment to the City of Oak Park Heights shall provide p y ty hts in the amount of $4,502.70 to g
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
g
through 4/30/00). Bills for services rendered after those dates for services shall be billed monthly.
Existin g project escrow accounts shall be held by the City of Oak Park Heights until completion of
the P lan A improvements as certified to by the city engineer, thereafter any remaining funds shall
be refunded to the Developer.
6. GENERAL:
A. Bindin Ef fect. 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 PHD 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 p � proposals, osa p
ecial rovisions ro ls 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 p rovided 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 Ci ty Engineer ineer 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 streets shall not exceed 8% and the minimum grade shall not be less than .5 %.
1. 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. Landsca ga . 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 Rece tacles : 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.
0. The developer shall create a common
ownership community within the property and all documents relative thereto shall be submitted to
and be subject to the approval of the city attorney.
shall include a concrete curb barrier.
0. 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.
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.
In the presence of:
In th presence of:
P. The perimeter of the area parking lots
Q.
D avi + : eaudet
Mayor
WATE Enterprises Inc.
Acting Administrator
Overhead doors on all buildings shall
By
Its
STATE OF MINNESOTA )
. ss.
COUNTY OF WASHINGTON)
On this y [ 1+ day of fl Ji , 2003, before me a Notary Public, within and
�
for said County personally appeared avid Beaudet and JudyHolst, to me personally known, being
each by me duly sworn did say that they are respectively the Mayor and the Acting City
Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing
instrument, and that said instrument was signed 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.
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vier ling
Eckberg, Lammers, Briggs, Wolff
& Vier ling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439 -2878
141,LL-f-rna,,J
Notary Public
JUL E k HULTMAN
NOTARY Piiitte
My Commission EXpiieSlan.31, 2005
On this ' day of ri\oj , 2003, before me a Notary Public, within and for
said County personally appeared William H. Zintl, to me personally known, being duly sworn did
say that he is the President of WATE Enterprises Inc., the corporation named in the foregoing
instrument, and that said instrument was signed on behalf of said corporation by authority of its
Board of Directors and said William H. Zintl acknowledged said instrument to be the free act and
deed of said corporation.
Notary Public
JULIE A. HULTMAN
NOTARY PUBLIC - MINNESOTA
My Commission Wig Jan. 31, 2005
app. \devagree \wate \February 12, 2003
EXHIBIT A
PHOTO METRIC SITE PLAN
LANDSCAPE PLAN
AND OUTDOOR RECREATION AREA
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Office of the
County Recorder
Washington County, MN
Certified flied andlor recorded on:
2003/04/09 9 :53 :00 AM
3325551
Lamvifieir
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Cindy Koosmann
County Recorder