HomeMy WebLinkAbout2003-06-06 Fully Executed Devloper's Agreement(.5
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this ) day of June 2003, 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 concept and general plan of development of lands as part of a planned unit development
within the corporate limits of the City, proposing the construction of a cold storage building located
on land described as follows: (5610 Memorial Ave)
Lot 4, BLOCK 2, KERN CENTER 2ND ADDITION
(the "Subdivision"); and,
WHEREAS, the City Council has on April 22, 2003, granted concept and general approval
to the development, on the condition that the Developer enter into this Agreement stipulating the
conditions for the installation improvements hereinafter described, all in accordance with the terms
and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Designation of Improvements: Improvements to be installed at Developer's expense by the
Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements."
1. PLAN A IMPROVEMENTS. The Developer will construct at Developer's
expense the following improvements under Plan A, according to the following terms and
conditions:
A. The Developer shall do all site grading, common greenway and open spaces,
storm water storage ponds, surface drainage ways and all private driveways, including sodding of
boulevards, all in accordance with the approved grading, drainage and site plan. A grading plan
with maximum two (2) foot contours, pad elevations, drainage provisions, erosion control
provisions and cross sections, as necessary, shall be submitted to and approved by the City prior to
commencement of any site grading. Any changes to the grading plan during construction shall be
submitted to the City for approval. Each building site must conform to the grading plan approved
by the Building Inspector of the City of Oak Park Heights, prior to a building permit being issued.
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B. The Developer shall control soil erosion ensuring that:
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 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 comers 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
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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 B.
GENERAL REQUIREMENTS
H. 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 drainage plan- Exhibit C.
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.
I. The City of Oak Park Heights is requiring Developer to convey easements
to, or dedicate storm water drainage areas and holding ponds to serve Developer's project. Such
areas are incorporated within the drainage easements conveyed or dedicated 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 Brown's Creek Watershed District
permits as required for this project.
K. 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.
L. 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 Arborist's certification of amounts due.
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2. DESCRIPTION OF PLAN A IMPROVEMENTS. ESTIMATED COST
1. Boulevard and swale sod $ nla
2. Landscaping $ 3,105.00
3. Street signs $ nla
4. Street lights $ ilia
5. Grading $ ilia
6. Erosion Control/ Silt Fencing $ 2,600.00
7. Pond Protection & Restoration $ 4,000.00
8. Utility Protection & Repair $ 2,200.00
9. Street Protection & Repair $ 800.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 %):
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
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$12,705.00
$ 2,541.00
$1 5,246.00
SECURITY REQUIREMENT (25 %) $ 3,811.00
TOTAL PLAN A ESCROW $19,057.00
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 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 not later than thirty (30) days prior to its expiration.
E. Reduction of Escrow Guarantee. The Developer shall 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 shall
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. ADMINISTRATIVE FEES. The Developer shall provide cash payment to the
City of Oak Park Heights in the amount of $ to reimburse the City of Oak Park Heights
for previous expenses relating to this development. Existing bills are as of June 6, 2003 for all
services except engineering (engineering is billed through 4/30/03). 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.
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5@ 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 on all or any part of the
Subdivision and all recording fees, if any, shall be paid by the Developer.
B. Incorporation of Reference. Alt 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.
C. 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 shalt provide appropriate releases to the financial aspects
of same and documentation to individual buyers of tots.
D. 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
shalt 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.
E. Establishment of Construction Schedules. The Developer shall establish
construction schedules for Plan A improvements and shall consult with City Engineer prior to
establishing same.
F. Zoning. Lot 4, Block 2, KERN CENTER 2nd 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.
G. Street Grades. The grades of all internal streets shall not exceed 8% and the
minimum grade shall not be less than .5 %.
H. Handicapped Parking. Location of disability/ handicapped stalls shall be
made more efficient with regard to serving all of the areas of the proposed facilities.
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I. 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 by Arborist affecting tree species selection and
planting and tree removal, if any.
J. 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.
K. Li hting. Developers have submitted a lighting plan to the City, which has
been approved and is attached hereto as Exhibit B. 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.
L. 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.
M. Any changes to the submitted landscape plan resulting from changes to the
storm water ponding areas shall be subject to review and approval of the City Council.
N. 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.
0. The perimeter of the area parking lots shall include a concrete curb barrier.
P. 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.
R. The terms and provisions of Resolution No.03 -05-27 of the City of Oak
Park Heights relative to this project shall be complied with by Developer as part of this agreement;
the same specifying as follows:
1. The Developer shall identify the square footage of office space and
warehouse space, which will determine the required parking spaces needed
on the site.
2. The access and circulation plan is subject to the approval of the City
Engineer and Fire Chief.
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3 . The Developer shall identify the location of snow storage within the
site plan, subject to the review and approval of the City Engineer.
4. The site plan shall be modified to meet a 20 percent green space
requirement.
5. All curb barriers shall be set back at least 10 feet from lot lines.
6. The landscaping plan shall be subject to the review and approval of
the City Arborist.
7. The Developer shall pay a tree replacement fee as determined by the
City Arborist (the Arborist has determined the fee to be $10,070.00).
8. The drainage and grading plan is subject to the review and approval
of the City Engineer.
9. The wetland delineation plan shall be subject to the review of the
City Engineer.
10. The applicant shall secure permits as necessary from the Brown's
Creek Watershed District.
11. The utility plan for the site shall be subject to the review and
approval of the City Engineer.
12. The locations of fire hydrants and sprinkler systems in both buildings
shall be subject to the review and approval of the Fire Chief and /or building
official.
13. The applicant shall provide a lighting plan with all locations of lights
and types of fixtures. The plan shall be subject to the review and approval of
City Staff.
14. All signage plans shall be subject to the review and approval of city
staff.
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:
41/41 By
c1/4„ ,
In the presence of:
it42(D. _71 1 '41 I i4y y Nal)
CITk 1 1 HE GHTS
9
avid Beaudet
ayor
Eri
inistrator
WATE Enterprises, Inc.
By
Its
STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON)
On this day of , 2003, before me a Notary Public, within and for
said County personally appeared ravid Beaudet 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.
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
C 4 LA, C.frr\C
Notary Public
JULIE A. HULTMAN
NOTARY Mite-MINNESOTA
My Commission Expires Jan. 31, 2005
On this (.( day of Gj 0,1_,) , 2003, before me a Notary Public, within and for
i
said County personally appeared k, )0, Ur) , ,, ,, ,.ti and
to me personally known, being each by me cfuly sworn did say that they are respectively the
!\ k _a ..L .0,,t and of WATE Enterprises Inc., the 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 Board of Directors and said Li a--.0 €17 and
acknowledged said instrument to be the free act and deed of said municipal
corporation.
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
10
c ,trriar),
Notary Public
JULIE A. HULTMAN
NOTARY PUBBerMINNESOTA
My Commission Expires Jan. 31, 2005
EXHIBIT A
LANDSCAPING PLAN
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SITE LIGHTING PLAN
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EXHIBIT C
DRAINAGE PLAN
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