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Home My WebLink AboutUntitled (2) LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 (612) 978 FAX(612) 92 439-2923 LYLE J. ECKBERG 439.2 JAMES F. LAMMERS ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING GREGORY G.GALLER KEVIN K.SHOEBERG THOMAS J.WEIDNER SUSAN D.OLSON November 21, 1994 MS LAVONNE WILSON CITY CLERK HEIGHTS CITY OF OAK PARK P 0 BOX 2007 STREET NORTH OAK HT OAK PARKRKEIGHTSMN 55082 RE: Krongard Development Agreement Dear LaVonne: ment please find 4 original Develop AgreementsE nosed herewithhave Jack Krongard in regards to been Mayor O'Neal and yourself execute theabove which ha Ple se haven May byed execute Public. the matter. of Oak Park Heights before a Notary Afteron rhth of the City lease distribute one originale to Cityo they have been executed, P Inspec - " � Jack Krongard, one to the Building s fil . Attorney and keep one original for the Ci questions or conc -rns reg- ding same, please If you have any feel free to contact me directly. Yours very uly, ark Vierling MJV/smp Enclosures 411 CITY OF OAK PARK HEIGHTS WASHINGELOPER'TON S AGREEMENT TY, OTA 14th day of THIS AGREEMENT, made and entered into this of Oak Park November , 1994, by and between the City f Heights, a municipal corporation underd the laws o nthe State of Minnesota (the "City") , Krongar and a Minnesota corporation (the "Developer") . WITNESSETH; That: EREASthe Developer has made application to the City � plat of land within the corporate limits Council foorr approval of a of the City described as follows: See Exhibit "A" (the "Development") ; and WHEREAS, the City Council has on October 24,. 1994, granted to the "Development", on the condition that the Developer approval stipulating the conditions for the enter into this Agreement stip Sewer and other private and/or installationublicpof street, water, on-site r public improvements as described,ell as t all developmenthe in accordance with the improvements hereinafter terms and conditions hereinafter set forth. and of the NOW, THEREFORE, in consideration of the premises mutual promises and conditions hereinafter contained, it is hereby agreed as follows: j ation of Improvements: Improvements to be install daat Deexpense by the Developer as hereinafter p Developee r's s hereinafter referred to as "Plan A Improvements" . The Developer will construct at 1, pr�N A improvements under Plan A Developer s expense the following according to the following terms and conditions: The Developer shall do all site grading including and open spaces, storm A. sites, common greenway and all waer building surface drainage ways all water storage ponds, sodding of boulevards, private driveways including drainage and site plan in accordance with the grading, plan specifically approved by the City. A grading was hs ma (2) foot contours, building pad elevations,. drainage with maximum two rovisions, erosion control P as necessary, shall be provisions and cross sections, City prior issuance of submitted to and approved by suaplan duringany buildingcospermits. Any changes to the grading ppo construction shall be submitted to the City for approval and shall not be implemented on site until PP 411 411 written approval is issued. B. The Developer shall control soil erosion ensuring: 1. All development shall conform to t he natural limitations presented by the topography and soil of the subdivision in order to create the best est potential for preventing soil erosion. Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during consriOrtt°onthe commencement of aid plan shall be approved by the City p site grading or construction. be 2 . Erosion and siltation onta fferentures stagesll of coordinated development. Appropriate control measures as required by the City shall oeinstalled control erosion. o development when necessary t s worka le 3 . Land shall beevade ed aten erosion incremen and of siltation size such that � 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 4) inches and shall be of equal a quality at least a depth of at least four (to the soil quality prior to development. 5. All retaining walls must receive separate written approval from the offices of the Consulting City , Engineers before construction begins. C. The Developer shall place iron monuments sat allblot and d block corners and at all other angle points andel. Iron been complets shall beted in orderlaced r to preserve all street and lawn grading has has property owners. the lot markers for future pro p D. The Developer shall be responsible for maintaining the protecting curb stops, water services location of andi p service or curb stop damaged and sewer services. Anythe City. shall be repaired or replaced as specified by y. The Developer shall make all ecessary flush withthetopsoil to the curb stops to bring surface. (after grading) or driveway E. The Developer shall install all street name signs at all 2 111 • intersections and provide other traffic control signs within the subdivision determined to be necessary by the City. Temporary street name signs shall be installed by the Developer prior to issuance of the first building permit. The temporary sign shall bey c he tructed Buildingu of durable materials to be approved Official. F. The Developer shall remove all dead and diseased trees before building permits will be issued. G. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping. All streets shall be maintained free of debris and soil. 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 PIn impassible,the such eventtreets residences shall are be barricaded and clsed occupied prior to completing streets, the Developer shall maintain a smooth driving surface and adequate drainage on all temporary streets. g hDe and Developer rice hallfrom ale en responsible for the removal a done to the streets streets. The repair of any dama g or public utilities shall be the financial responsibility of the Developer and/or Homeowner's Association. All streets located within the developmentelshall be and/orivate drives to be maintained by the dHomeowner's Association. Notwithstanding the same, the Police Department of the City of Oak Park Heights, Public c Works Department, Municipal refuse hauler, Department and other municipal personnel shall have a right of access over the private drives for purposes of providing services to the effected property owners at reasonable times. H. The Developer shall furnish street lights in accordance with the City's residential street lighting plan. I. All height requirements existing within the ordinances of the City of Oak Park Heights, shall be maintained by the developer. As to all buildings to be constructed on the site of this development. J. Signage. There shall be no signage placed on site unless the same has been submitted to and approved by the office of the building inspector with the consent and approval of the city planner. K. Landscaping Plan. Landscaping plan shall annexed hereto as Exhibit H . shall be subject to the final approval of the• City Forester with the consent of the 3 411 I City Planner. General Reauirements: 1. Residential street lighting shall be owned, installed, operated and maintained by the electric utility company (NSP) . Developer and utility company shall enter into a contractual agreement on the rate and maintenance of the street lighting system. A copy of the contract between developer and NSP shall be filed with the City. 2. It shall be the responsibility of the Developer to: a. Pay the electric utility company any cost incurred in the installation of the street lighting units not covered in the electric utility shall company rate for this service. This payor e required to be guaranteed as part of the Plan A security. b. All these costs shall be guaranteed by part of the Plan A security. L. The Developer shall, dedicate a reasonable portion of each 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. In lieu of land dedication, Developer shall pay the park dedication fee now prescribed by ordinance and/or resolution. Pursuant to the provisions hereof as and for park dedication fees, the Developer shall pay to the City of Oak Park Heights the sum of $18, 140.00 upon the execution of this Agreement. M. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development. N. The Developer 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 and prior to the construction of public utilities. O. Connection Charges. All connection charges and fees shall be paid by Developer on a per lot basis at the time that building permits are obtained for each dwelling or 4 410 411 principal structure to be constructed. 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. As it affects this "Development" , the engineer has calculated the total sanitary, water works and storm sewer connection charges to be in the amount of $1, 485.44 per townhome unit. $2,785.73 per single family unit - $2, 151.35 per twin home unit. 2. DESCRIPTION OP PLAN A IMPROVEMENTS DEVELOPMENT ESTIMATED COST 1. Boulevard and swale sod $ 1,000.00 2. Boulevard trees $ 2,800.00 3 . Street signs $ 250.00 4. Street lights $ 1,080.00 5. Utility protection and repair $ 3,620.00 6. Street protection and repair $ 2,400.00 7 . Erosion Control Facilities $ 1,800.00 8. Sanitary sewer $ 17,980.00 - • 9. Water main $ 16,950.00 10. House services $ 12,920.00 ii. Storm sewer $ 24,560.00 TOTAL ESTIMATED CONSTRUCTION COST $ 85,360.00 OF PLAN A IMPROVEMENTS: ESTIMATED ENGINEERING, LEGAL AND $ 21,340.00 ADMINISTRATIVE (25%) : TOTAL ESTIMATED CONSTRUCTION COST $ 106,700.00 OF PLAN A IMPROVEMENTS: SECURITY REQUIREMENT (25%) $ 26.675.00 TOTAL PLAN A ESCROW: $ 133,375.00 3 . CONSTRUCTION OF PLAN A IMPROVEMENTS. als A. Construction. The construction, with the plansand and equipment shall be in accordance 5 110 411 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 Developer shall dedicate to the City, prior to approval of the final plat, at no cost to the City, all permanent or temporary easements requested by the City Engineer and/or the City Attorney. 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. The streets shall be maintained by the developer or its designee as private roads. 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 Certification of Completion 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 twenty (20) days prior to its expiration with a like letter or bond. 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 6 110 which is within the Engineer's estimate, the City may consider and allow a reduction of the Letter of Credit at 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. F. Developer shall be solely responsible for the repair upkeep and maintenance of all Plan A Improvements. The Developer shall retain ownership of all plan A improvements and none shall become the property or the responsibility of the City of Oak Park Heights. The City shall have no duty or obligation to maintain, repair or replace any improvements, streets or water systems, sanitary sewer systems or drainage systems within the "Development. " G. The City of Oak Park Heights shall have full right of access to the area encompassed within the "Development" for police, fire protection services, city public works department and building inspection department. Further, the contract refuse and recycling haulers serving the City of Oak Park Heights shall also have full right of access to the area encompassed within the "Development. " 4. GENERAL: A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. The Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Developer. B. Final Plat Approval. The City agrees to give final approval to the plat of the Subdivision upon execution and delivery of this Agreement and of all required documents and security. 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 7 • • Agreement by reference as fully as if set out herein in full. D. The City of Oak Park Heights shall file the Developer's Agreement of record in the office of the County Recorder. The Developer or its predecessor's in title shall not amend the declarations of covenants, restrictions and easements for Valley View Estates or the By-laws of the Homeowners Association in any manner that would contradict or conflict with any term or provision of this Development Agreement without the express written consent of the City of Oak Park Heights and any such attempted modification or amendment without the consent of the City of Oak Park Heights shall be void. 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. Notwithstanding the above, the City of Oak Park Heights shall be the authority in determining the fairness and reasonableness of all such costs incurred; and the decision by the City Council for the City of Oak Park Heights on any such dispute shall be final and binding. F. The Developer shall provide to the office of the City Attorneys' for the City of Oak Park Heights on or before the date of execution of this Development Agreement evidence of ownership of the real property to be platted as Valley View Estates by way of title opinion from a licensed attorney or title binder from a reputable and licensed title company. Such evidence shall display and identify all persons owning any interest in and to the property to be platted as Valley View Estates together with all lien holders or other encumbering interests. All such interests shall be displayed and shall be required to execute consents to this Development Agreement in the manner and form prescribed by the office of the City Attorney. G. Parking is prohibited along all private streets. H. That the Developer shall provide and convey to the City of Oak Park Heights without cost an easement for water, sewer and storm sewer utilities over and across existing locations of sanitary sewer, water main and storm sewer on the plat of Valley View Estates. I. The Developer shall provide and have approved by the City prior to final platting a detail plan for snow removal. 8 • Such plan for snow removal shall be incorporated by reference into the Homeowners Association Declaration of Covenants. (See Exhibit F ) J. Should any signage be desired by the Developer or the Homeowners Association affecting this development, it must be submitted by detail sign plan to the City of Oak Park Heights and approved prior to being implemented on the site. K. That except as is specifically granted and identified within this document or other specific actions of the City of Oak Park Heights, no variances from the Ordinance requirements of the City of Oak Park Heights have been granted affecting this subdivision and planned unit development. L. Detailed landscape plans as submitted shall be subject to the approval of the City Planner. M. The Developer shall provide surface parking stalls that meet the requirements of the zoning code and allow for 24 foot access road widths. N. All utility installations shall be subject to the inspection, review and approval of the City Engineer and shall conform to the specifications and designs recommended by the City Engineer. O. 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, including Bonestroo, Rosene, Anderlik & Associates File No. 55118 out this project. The following specifications, contracts, drawings and reports shall be annexed hereto as Exhibits and incorporated herein by reference as if fully set forth herein: Exhibit "B" Northwest Associates Consultants Planning Report - September 9, 1994. Exhibit "C" Northwest Associates Consultants Planning Report - August 4, 1994. Exhibit "D" Bonestroo, Rosene, Anderlik & Associates Report - October 11, 1994 . Exhibit "E" Interim Grading Permit. Exhibit "F" Valley Garden Homes Declaration. Exhibit "G" Short, Elliott, Hendrickson, Inc. letter of September 26, 1994. 9 5. SCOPE: This Development Agreement is limited to Phase One of this development affecting construction of the townhome portion identified in the attached Exhibits along with three twin home units. Earlier submissions by the Developer to the City involved a significantly expanded area which has reserved concept approval but is not being platted at this time. The terms of this Development Agreement apply solely to that description identified in Exhibit A at the time that the adjacent lands are developed after receiving final approval, if any, nothing in this Development Agreement shall in any way bind, obligate or affect the City of Oak Park Heights in dealing with subsequent plans and proposals on those adjacent lands and no fees or changes collected herein shall apply or be credited to those fees and changes determined to be due as a result of my subsequent development on those adjacent lands. 6. NO MERGER: The City of Oak Park Heights has previously issued an agreement for issuance of interim grading permit affecting the grading of this and other lands. This Development Agreement does not extinguish the terms and conditions of that Agreement dated October 13, 1994. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF OAK PARK HEIGHTS In the presence of: •1 a• BY: /44 Its: Mayor +9 1o) Di• ten- p fut Its: Administrator/Treasurer DEVELOPER In the presence of: KRONG. - ' sONS ► - ON COMP. ' BY: I /i!.. • _ I��►— Its: 4011111/1 10 410 III BY: Its: STATE OF MINNESOTA ) )SS: COUNTY OF WASHINGTON) On this e� V� day of �dt- , 1994, before ,m a Notary Pub is within and fo said County. personally appeared jj,,4..�d-c�a .-cc,/ and U� /A, , to me personally known, being each by me duly sworn d'd say, that the are respectively the /7/7and the { -i /��u of the City of Oak Pa�Heights, the municipal corporati 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 it Council and said 441-9.0-t and / t aZ z. udcv—acknowledged said instrum4nt to be the free act a deed of said municipal cor•oration. JUDY L.HOIS c1:1# : k: OTARY PUBLIC• No ' --)6./t tz, Pub c taX� (Notarial Seal) �j" STATE OF MINNESOTA ) . )SS: COUNTY OF WASHINGTON) ��/�� On this A, day of - /1f 1eh'd.ez , 1994, before me, a Notary Public within and for said County personally appeared aokA. :'. tm and — , to me personally known, being each by me duly sworn did say that they are respectively the ` ,,,-a, --t-- and the --- of Krongard Construction Company, 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 corporation by authority of its Board of Directors and said Jo kK =. Vis, ;, and acknowledged said II -nt to be the free act and deed of saidcorporation. Ie ,• MARK J.VIERLING .0,z;'; NOTARY PUBLIC-MINNESOTA :* WASHINGTON COUNTY • My Commission Expires July 14,1997 _��i Y K dot. rublic (Notarial Seal) 11 1 THIS INSTRUMENT WAS DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER MN 55082 (612) 439-2878 Revised 11/11/94 12 S • EXHIBIT A 11/17/94 13:01 612 788 7602 NOV-17-1994 13:00 FROM Kurth Surveying TO 4392923 P.02 41/ • . C - - :A kl W .. we:... m�+ O › ° ! ,• .5 w j w e m4j,•'.: .4U•g' U O •r4O O w. It to c.) +•1 C.) C) O 1 a w1 wd • w•, ^. Q 'fr✓ 41) a0 ca g 03 3H+ OO w ;,.-:i N dpi • 'C tp •- O U g8 '44O .5 4.4 •. E+ H o• 1A W w .4.4 $E- N 8 p § O O ` O O w. ' 1n a F+ ?+ Off` 'O w ++ w o b ".``, w w 04 tii ' wo o•;" ' O - 4J"0 '1924-11 'el ° `4 .1 m wO wO ,i"" 1113t $ V 34 Q W CD al 21. .44 fr 1% . 8 5 a 40 I., gel .... 40 • c; g "i' 44 >•4 4.1 A ..4 ICS 11 i al 0 b. $4 r4 El 4.0 4,..;:: g.4..) 44 • a 4t. 8 18 Pi 8 ' i �.+ 1 11 w l i� R, =w .q ? . oO '+w k44 i+ 8 � w• 0 O O O z. A c (13 00 g 40 • E • 2� � O �+ O> Al NalV ao +� • a� ++ 3' 8 O to as N a . 4 14 94 8' 02 •Z 44w 4 - W O O a 8 +n 0 O r ~$ .+ a o z° 4J '4.4:: i .U- •r4 z H m H W 414 • p 4 . 4:7;*. 44 • Q a ug a) 4•4 • s'.1. a ftiPg R-5 44 5 CO ell 12 to •r. �,4J i � MU Ux jiIb 1a ♦Er OHQO >4 CD Al O a) 4 a:: 4.; 4.1 i C.) 4J ?.4) 0 / 44 . 4. .., Ea �, �.+ H w as �a' t . w `�° o `'� za 'Va Ili 1 �' �' 04 V U �pp ib:y y� .� 4.1 i-- y� to N a-i Ccl t gi p)-. g u. '4 X ci • • EXHIBIT B piN orthwe� Associated Co nultants , Inc . AC URBAN P l A N N I N G • D E S I G N • M A R K E T RESEARCH PLANNING REPORT TO: Oak Park Heights Mayor and City Council FROM: Dan Licht/Bob Kirmis/Scott Richards DATE: 9 September 1994 RE: Oak Park Heights - Krongard PUD FILE NO: 798.02 - 94.05 EXECUTIVE SUMMARY Background Mr. Jack Krongard, on behalf of Krongard Construction Company, has requested general plan of development approval for a residential planned unit development (PUD) located upon approximately 21 acres of land north of 56th Street North and east of Osgood Avenue. _Specifically, the PUD calls for the construction of 52 townhomes, 22 twinhome units, and 10 single family homes (84 total units) . To accommodate the proposed development, a rezoning of the subject property from a combination of R-1, R-2, R-3, R-B designation to a PUD designation has been recommended. Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Land Use Plan . Exhibit D - Preliminary Plat/Grading Plan/Utility Plan Exhibit E - Landscape Plan Exhibit F - Snow Removal Plan Exhibit G - Lighting Plan/Signage Plan Exhibit H - Letter from Washington County Exhibit I - Letter to Jack Krongard Dated 30 August 1994 Exhibit J - Statement from Chuck Schwartz, Bayport Fire Department 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 III Recommendation Based on the following review, our office recommends approval of the rezoning and PUD general plan of development subject to the following conditions: 1. Submission by the applicant of information required for development plan approval, as outlined in the 30 August 1994 letter to Jack Krongard (see Exhibit I) . 2 . Parking is prohibited along all private streets. If parking is desired along one side of such streets, street widths shall be increased from 24 to 32 feet. • 3 . All necessary approvals from Washington County for accessing Osgood Avenue shall be required. 4. The Park Commission provide comment/recommendation in regard to park dedication requirements. It is recommended that a cash dedication of $30, 720 -shall be provided the City at the time of finalization of the development agreement. 5. Lots 25 and 28 shall be allowed as single family lots contingent on approval by the Building Official of the building style. 6. The submitted grading and drainage plan shall be subject to .;review and approval by the City Engineer and Watershed District 7. Detailed landscape plans shall be required for review by City staff as a part of final plan approval. v/ 8 . The applicant enter into a development agreement with the City. The development agreement will be subject to final approval by the City Council. 9 . The applicant submit revised plans that provide surface parking stalls that meet the requirements of the Zoning Ordinance and allow for 24 foot access road widths. 110 . The submitted utility plan shall be subject to review and approval by the City Engineer. 11. The applicant submit revised building plans that address the garage size issue. 12 . Detailed signage plans are submitted for City review as a part of final plan approval. 2 Am.., • 13 . The submitted copy of the draft restrictive covenants, conditions, and restrictions to be applied to the proposed development shall be subject to City Attorney review and approval. 14. Easements are established along all lot lines and as required by City staff. This issue should be subject to further comment by the City Engineer. 15 . The City shall require access easements over the development's private streets. 16. Street lighting shall be required as per City specifications throughout the development. 17. Comments or additional conditions from other City staff and applicable governmental entities. ISSUES ANALYSIS PUD Zoning. As illustrated on Exhibit B, the subject property • overlays four individual zoning designations. Specifically, the following zoning designations overlay the property: 12-1, Single Family Residential R-2, Low and Medium Density Residential R-3 , Multiple Family Residential R-B, Residential Business Transitional In consideration of the subject development proposal, it is the recommendation of staff that a PUD zoning be applied to the property. Rezoning Judgement Criteria. Section 401.16.A of the City's Zoning Ordinance stipulates that in consideration of rezoning requests, the City Council' s decision must be based upon (but not limited to) the following factors: a. Relationship to municipal Comprehensive Plan. b. The geographical area involved. c. Whether such use will tend to or actually depreciate the area in which it is proposed. d. The character of the surrounding area. e. The demonstrated need for such use. Comprehensive Plan. The City' s Comprehensive Plan (Land Use Plan) suggests a mixture of low density residential, mid density residential, and high density residential uses upon the subject property (see Exhibit C) . All proposed uses and use locales are consistent with the City's Land Use Plan. 3 111 Compatibility. The proposed uses and residential densities are considered generally compatible with the existing uses which surround the subject property as identified below: Direction Use Zoning North High Density Residential R-3 South Low Density Residential R-1 East Industrial/Open Space I/O West Semi-Public/Low Density Residential R-B Streets. Public Rights-of-Way. As shown on the submitted concept plan, dwelling units within the subject site are to be served primarily by the completion of the 57th/58th Street loop and an easterly extension of 56th Street North. The connection to Osgood Avenue by 56th Street North provides a necessary second access and is aligned with 56th Street west of Osgood as required by the City and Washington County. Generally speaking, the proposed street configuration appears well conceived and functionally efficient. All proposed right-of-way widths and cul-de-sac lengths have been found to comply with applicable City street standards. The developer has indicated that design and construction of the streets will be done by the City. The development contract will outline the necessary agreements between the City and developer for street construction. Private Streets. Multiple family structures existing upon Parcel 1 and the northern portion of Parcel 2 are to be provided access via private internalized streets. While the proposed 24 foot street widths are considered acceptable widths, such a width allowance will be contingent upon condition that parking be prohibited alongside such streets . Traffic Volumes. Obviously, the introduction of 84 new residential units into the subject .area will generate a significant amount of traffic upon Osgood Avenue. Washington County has reviewed the proposed connection of 56th Street North to County Road 67 (Osgood Avenue) and found it acceptable (see Exhibit H) . Snow Removal. The applicant has submitted a written snow removal plan and indicated locations for snow storage on the site plan (see Exhibit F) . As required, the snow removal plan includes provisions for removing excess snow off site. 4 111 • Lots. As noted previously, the proposed development is to include 52 townhomes, 22 twinhomes and 10 single family residential homes. Townhomes. According to Section 401.03 .D.2 of the Zoning Ordinance, a townhome must provide 4, 000 square feet of lot area per unit. As shown below, the townhomes located north of 58th Street North and between 57th and 58th Streets North satisfy the Ordinance lot area requirement: Number Lot Area of Units Total Lot Area Per Unit Townhomes (north 28 130, 680 sq. ft. 4, 667 sq. ft. of 58th Street) (3 . 0 acres) Townhomes (south 24 145, 340 sq. ft. 4,592 sq. ft. of 58th Street) (3 .3 acres) Twinhomes. The Zoning Ordinance stipulates that twinhomes must provide not less than 6, 000 square feet of lot area per unit. As shown on the submitted concept plan, twinhome lot sizes range from 6, 000 to 10, 860 square feet in size and comply with minimum lot area requirements. According to Section 401.03 .D.3 of the Zoning Ordnance, the base lot of a twinhome must not be less than 80 feet in width (40 feet of width per unit) . All twinhome lots have been found to meet or exceed minimum lot width requirements. Single Family Homes. As shown on the submitted concept plan, a total of 8 single family lots have been proposed south of 56th Street. Lots 25 (8, 520 square feet) and 28 (9, 640 square feet) of Parcel 2 are designed as single family lots, but they do not meet the dimensional requirements. Because of the location of the existing sanitary sewer line and the building style proposed for these lots that is compatible with the twinhomes, the proposed lot sizes are found to be acceptable as a part of the PUD. With the exception of Lots 25 and 28, Parcel 2, all proposed single family lots meet preferred R-1 District dimensional requirements as reiterated below: Minimum Lot Area Minimum Lot Width 10, 300 square feet 80 feet Off-Street Parking. Considering the width of the proposed private streets (24 feet) , adjacent off-street parking should be prohibited. If off-street parking is desired, the private street width should be increased to 32 feet to allow for parking on one side. Such an expansion in width will ensure effective traffic movement and area safety. 5 • • According to the Zoning Ordinance, two family and multi family dwelling units must provide two off-street spaces per unit. All of the single family and twinhome units appear to meet the requirements via their inclusion of two stall garages and 20 foot driveways. The center townhome buildings include one stall garages for the interior units . The surface parking stalls provided on the site plan will not be allowed in that they encroach on the 24 foot access road width required for access to and around the townhome units. The developer will need to provide revised plans to address this issue. Driveways. Driveways associated with the proposed twinhome units and multi family units have been found to measure 20 feet in length. As such, area exists to park vehicles outside the limits of the designated private streets. Setbacks. While the PUD Ordinance does make provision for interior setback deviations, all perimeter setbacks in the applicable base zoning districts should be upheld. In this regard, all applicable perimeter setbacks in the R-1, R-2, R-3, and R-B Districts have been satisfactorily met. In regard to interior setbacks, the Zoning Ordinance stipulates that no building within a PUD may be closer to another building than one-half the sum of the building heights of the two buildings. The building elevations that have been submitted show compliance with this requirement. Park Dedication. The development proposal does not include park land dedication. The Park Commission should provide comment and recommendation in regard to specific park dedication requirements. Based upon the formula provided in the Oak Park Heights Subdivision regulations, a cash park dedication fee of $30, 720 will be required of the developer. Grading and Drainage. Grading and drainage plans have been submitted. Of particular concern are the grading and drainage issues along the south property line and the potential effect on existing single family development. These plans are subject to review and approval by the City Engineer and the Watershed District. Landscaping. The applicant has submitted general landscape plans as a part of the concept plan stage (see Exhibit E) . These plans do not illustrate specific placement and varieties and will require further detail, especially for areas adjacent to the proposed buildings. The applicant has also indicated the general area where trees are to be preserved. The plan shows that a significant area of trees along the south property line which abuts the existing single family houses will be preserved. These plans are subject to further review and approval by City staff. 6 411 Development Agreement. As a condition of final PUD approval, the applicant should enter into a development agreement with the City. As part of the agreement, the developers will be required to post security necessary to ensure compliance with the conditions of PUD approval. Trash. The developer has indicated that trash removal will be the responsibility of individual property owners. No further plans will be required. Utility Plan. In accordance with PUD submission requirements, a utility plan has been submitted for review. The plan is subject to review and approval by the City Engineer. Signage. The applicant has submitted a written description of the proposed signs and indicated location on the submitted site plan (see Exhibit G) . However, this description lacks sufficient detail regarding materials and size for review. The applicant should submit detailed signage plans for review which demonstrate material and appearance details. Building Type. As a condition of PUD concept plan approval, specific building plans of the various structure types have been submitted subject to City approval . The plans indicate garage dimensions for some of the proposed units that do not meet the minimum size for parking stalls. This issue is further discussed in a letter to Jack Krongard found as Exhibit I. The developer will need to provide revised building plans that address this issue. Restrictive Covenants. The applicant has submitted a preliminary draft copy of a declaration of restrictive covenants. This document is subject to review and approval of the City Attorney. Easements. In accordance with City subdivision regulations, drainage and utility easements should be established along all lot lines. This issue should be subject to further comment by the City Engineer. The final plat will need to include all required easements. Additionally, the City will require access easements over the development' s private roadways . Emergency Vehicle Access. The Fire Chief has commented on the access issues to the townhome development north of 58th Street. The applicant has indicated preliminary approval from the Fire Chief during a 6 September 1994 meeting (see Exhibit J) . • Lighting. The applicant has submitted a general lighting plan. There are to be no yard or street lights. Lights affixed to the garage front of each structure will be operated by a light sensor and will operate from dust until dawn. For safety reasons, our office recommends street lights be installed as per City • requirements throughout the development. CONCLUSION Based on the preceding review, our office recommends approval of the necessary PUD rezoning and PUD general development plan subject to the conditions listed in the Executive Summary of this report. pc: LaVonne Wilson Joe Anderlik Mark Vierling Jack Krongard 8 r • 7‘-= • . , .0 A-.--;1 . . .6 t , 1, '• ;• 7- / • . ,./. .:4 -4,- •,,,,..„ 0. ....,.. , dy,-, . .....i ,-;:a --r.'.•.,..• - :- (gain 'i"--44 gill"75.‘" 1-1-1-j . . , . 1:1!:11L---1 liir\ itiI . ! _ _ ' I LrIll 11 � 1 . 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':: = , .-,--,. k, F- (Ai' lk I7.., P : , 11 iii 1 --;5'77';'...•'' d..:::'> :-.N. 0 - \Ili, 1.;- I', l'i'I '..:,.. ...:.4.1.,:-4 P- • ..`,.cl, iii ..‘.............,,,-,a,...1(HI 'it IMMO 1 ! - . CC 2 'A CU 10:1 I II • _.. --___- ,, .00 ILI:EMI < e 2— LICIELIEI„ . • •••-- P.,-------,', a• ...'s• umcn_ITJLI SI- -1211 ....-E-,,... = -c - " : a■a.• 1 6 3 EXHIBIT C - LAND USE PLAN _________------------- - EXHIBIT C FEJTNorthwest Associated Corfu ' tants � Inc . Cj URBAN P L A N N I N G • DES I G N • M A R K E T RESEARCH PLANNING REPORT TO: Oak Park Heights Mayor and City Council FROM: Bob Kirmis/Scott Richards DATE: 4 August 1994 RE: Oak Park Heights - Krongard PUD FILE NO: 798.02 - 94.05 EXECUTIVE SUMMARY Background Mr. Jack Krongard, on behalf of Krongard Construction Company, has requested concept plan approval for a residential planned unit - development (PUD) located upon approximately 21 acres of land north - of 56th Street North and east of Osgood Avenue. Specifically, the PUD calls for the construction of 52 townhomes, 22 twinhome units, and 10 single family homes (84 total units) . To accommodate the proposed development, a rezoning of the subject property from a combination of R-1, R-2, R-3, R-B designation to a PUD designation has been recommended. Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Land Use Plan • Exhibit D - Concept Plan Exhibit E - Concept Plan Detail Exhibit F - Letter to Jack Krongard dated 26 July 1994 Reconunendation Based on the following review, our office recommends approval of the rezoning and PUD concept plan subject to the following conditions: • 5775 Wayzata Blvd. • Suite 555 • St. Louis Park, MN 55416 • (612) 595-9636•Fax. 595-9837 • 1. Submission by the applicant of information required for concept plan approval, as outlined in the 26 July 1994 letter to Jack Krongard (see Exhibit F) . JkEtz7 2. Units 75 mid 28, Parcel 2 are combined to create a single t ome un 3 . The intersection of Osman Avenue and 57th Street be reconfigured to provide a radial curve. This issue should be subject to further comment by the City Engineer. 4. Parking is prohibited along all private streets. If parking is desired along one side of such streets, street widths shall be increased from 24 to 32 feet. 5. The applicant submit a snow removal plan. 6. Building elevations/floor plans are submitted for the various dwelling unit types. Such submission is necessary to determine compliance with interior setback standards, applicable height requirements, and park dedication. 7. The Park Commission provide comment/recommendation in regard to park dedication requirements. The applicant shall submit detailed information necessary to calculate park dedication. 8 . A grading and drainage plan is submitted. Such plan shall be subject to review and approval by the City Engineer. 9 . A landscape plan is submitted which specifies the location, type, and size of all proposed plantings. A tree survey will be required to determine the extent of vegetation presently on the site and trees that will be saved. 10. The applicant enter into a development agreement with the City. 11. If applicable, the forthcoming PUD development plan specify trash handling locations. 12 . A utility plan is submitted. Such plan shall be subject to review and approval by the City Engineer. 13 . Detailed signage plans are submitted for City review. 14. The applicant submit a copy of all restrictive covenants, conditions, and restrictions to be applied to the proposed development. All such covenants shall be subject to City review and approval. 15. Easements are established along all lot lines. This issue should be subject to further comment by the City Engineer. 2 i • 16. Washington County and the City Engineer comments/ recommendations as to traffic issues on Osgood Avenue. 17. The City Engineer and/or Fire Chief provide comment as to the need to establish easements over the development's private streets. Fire Chief to comment on access and equipment maneuverability on the private streets. 18 . The site plan is revised to illustrate all exterior lighting locations. (A))/1 '' ,, 19 . Comments from other City staff. 1L Wrn D ISSUES ANALYSIS PM Zoning. As illustrated on Exhibit B, the subject property overlays four individual zoning designations. Specifically, the following zoning designations overlay the property: R-1, Single Family Residential R-2, Low and Medium Density Residential R-3, Multiple Family Residential R-B, Residential Business Transitional In consideration of the subject development proposal, it is the recommendation of staff that a PUD zoning be applied to the property for the following reasons: 1. The PUD zoning will allow the existence of multiple principal structures upon a single parcel of land. 2 . The zoning designations which currently overlay the property fail to correspond with established property lines or right- of-way locations. A PUD zoning would remedy this less than desirable situation. 3 . If the base zoning were to remain (via PUD/CUP) , the City would have established that all uses (besides that being proposed) allowed in the base districts are acceptable on the subject property. This is of particular issue in regard to the R-B zoning designation which provides for commercial uses. 4. The PUD zoning would allow the City to establish control over the use of the property. Rezoning Judgement Criteria. Section 401.16.A of the City' s Zoning Ordinance stipulates that in consideration of rezoning requests, the City Council's decision must be based upon (but not limited to) the following factors: 3 i • a. Relationship to municipal Comprehensive Plan. b. The geographical area involved. c. Whether such use will tend to or actually depreciate the area in which it is proposed. d. The character of the surrounding area. e. The demonstrated need for such use. Comprehensive Plan. The City' s Comprehensive Plan (Land Use Plan) suggests a mixture of low density residential, mid density residential, and high density residential uses upon the subject property (see Exhibit C) . All proposed uses and use locales are consistent with the City' s Land Use Plan. Compatibility. The proposed uses and residential densities are considered generally compatible with the existing uses which surround the subject property as identified below: Direction Use Zoning North High Density Residential R-3 South Low Density Residential R-1 East Industrial/Open Space I/O West Semi-Public/Low Density Residential R-B One concern which does exist in regard to compatibility, however, relates to interspersal of two single family homes within the twinhome portion of Parcel 2 . Specifically, Lots 25 and 28 are shown to hold single family units rather than two family units which are common to the area. To ensure area compatibility and a cohesive development design, it is recommended that the concept plan be revised to essentially combine Units 25 and 28 into a single twinhome. Streets. Public Rights-of-Way. As shown on the submitted concept plan, dwelling units within the subject site are to be served primarily by the completion of the 57th/58th Street loop street and an easterly extension of 56th Street North. The connection to Osgood Avenue by 56th Street North provides a necessary second access and is aligned with 56th Street west of Osgood as required by the City and Washington County. Generally speaking, the proposed street configuration appears well conceived and functionally efficient. All proposed right-of-way widths and cul-de-sac lengths have been found to comply with applicable City street standards. 4 • One concern which does exist relates to the acute intersection of Osman Avenue and 57th Street. To improve area circulation and safety, it is recommended that the intersection be reconfigured to provide a radial curve. This issue should be subject to further comment by the City Engineer. Private Streets. Multiple family structures existing upon Parcel 1 and the northern portion of Parcel 2 are to be provided access via private internalized streets. While the proposed 24 foot street widths are considered acceptable widths, such a width allowance will be contingent upon condition that parking be prohibited alongside such streets. Traffic Volumes. Obviously, the introduction of 84 new residential units into the subject area will generate a significant amount of traffic upon Osgood Avenue. Washington County and the City Engineer should provide comment/recommendation as to the ability of Osgood Avenue to accommodate anticipated traffic volumes. Snow Removal. Considering the significant number of townhome driveways which are to access the proposed private street, an assurance should be made that ample area exists to accommodate snow storage. As a condition of PUD approval, the applicant should submit a snow removal plan that includes provisions for removing excess snow off site. Lots. As noted previously, the proposed development is to include 52 townhomes, 22 twinhomes and 10 single family residential homes. Townhomes. According to Section 401.03 .D.2 of the Zoning Ordinance, a townhome must provide 4, 000 square feet of lot area per unit. As shown below, the townhomes located north of 58th Street North and between 57th and 58th Streets North satisfy the Ordinance lot area requirement: Number Lot Area of Units Total Lot Area Per Unit Townhomes (north 28 130, 680 sq. ft. 4, 667 sq. ft. of 58th Street) (3 .0 acres) Townhomes (south 24 145, 340 sq. ft. 4,592 sq. ft. . of 58th Street) (3 .3 acres) Twinhomes. The Zoning Ordinance stipulates that twinhomes must provide not less than 6, 000 square feet of lot area per unit. As shown on the submitted concept plan, twinhome lot sizes range from 6, 000 to 10, 860 square feet in size and comply with minimum lot area requirements. 5 r 4 • According to Section 401.03 .D.3 of the Zoning Ordnance, the base lot of a twinhome must not be less than 80 feet in width (40 feet of width per unit) . All twinhome lots have been found to meet or exceed minimum lot width requirements. Single Family Homes. As shown on the submitted concept plan, a total of 8 single family lots have been proposed south of 56th Street. Lots 25 (8, 520 square feet) and 28 (9, 640 square feet) of Parcel 2 are designed as single family lots, but they do not meet the dimensional requirements. With the exception of Lots 25 and 28, Parcel 2, all proposed single family lots meet preferred R-1 District dimensional requirements as reiterated below: Minimum Lot Area Minimum Lot Width 10,300 square feet 80 feet Off-Street Parkins. Considering the width of the proposed private streets (24 feet) , adjacent off-street parking should be prohibited. If off-street parking is desired, the private street width should be increased to 32 feet to allow for parking on one side. Such an expansion in width will ensure effective traffic movement and area safety. According to the Zoning Ordinance, two family dwelling units must provide two off-street spaces per unit. All proposed two family dwellings appear to meet this requirement via their inclusion of two stall garages. Setbacks. While the PUD Ordinance does make provision for interior setback deviations, all perimeter setbacks in the applicable base zoning districts should be upheld. In this regard, all applicable perimeter setbacks in the R-1, R-2, R-3, and R-B Districts have been satisfactorily met. In regard to interior setbacks, the Zoning Ordinance stipulates that no building within a PUD may be closer to another building than one-half the sum of the building heights of the two buildings. In order to determine compliance with this requirement, the submission of building elevations will be necessary. Driveways. Driveways associated with the proposed twinhome units have been found to measure 20 feet in length. As such, area exists to park vehicles outside the limits of the designated private streets. 6 i Park Dedication. The development proposal does not include park land dedication. The applicant will need to submit more complete information regarding dwelling unit configuration and number of bedrooms to calculate a cash park dedication amount. The Park Commission should provide comment and recommendation in regard to specific park dedication requirements. Grading and Drainage. As a condition of PUD concept plan approval, grading and drainage plans must be submitted. Of particular concern are the grading and drainage issues along the south property line and the potential effect on existing single family development. Such plans shall be subject to review and approval by the City Engineer. Landscaping. According to the Zoning Ordinance, a landscape plan must be submitted as part of the PUD development proposal. To date, no such plan has been submitted. Of particular issue in regard to landscaping will be the preservation of trees along the subject property' s southern boundary. A tree survey indicating the existing as well as trees to remain in that area will be required. Development Agreement. As a condition of final PUD approval, the applicant should enter into a development agreement with the City. As part of the agreement, the developers will be required to post security necessary to ensure compliance with the conditions of PUD approval. Trash. While it is assumed that trash removal will be the responsibility of individual property owners, this should be - verified by the applicant. If centralized dumpster facilities are to be used, the location should be specifically identified. Utility Plan. In accordance with PUD submission requirements, a utility plan should be submitted for review. The plan will be subject to review and approval by the City Engineer. Sianaae. If signage is to be erected as part of the PUD, detailed sign plans should be submitted in accordance with Ordinance provisions. Sign plans should identify the location, type, and size of all proposed signage. Building Type. As a condition of PUD concept plan approval, specific building plans of the various structure types should be submitted subject to City approval. Such submissions will be necessary to determine compliance with applicable building height requirements. Restrictive Covenants. As a condition of PUD approval, all restrictive covenants associated with the proposed development must be submitted to the City for review and approval. 7 411 Easements. In accordance with City subdivision regulations, drainage and utility easements should be established along all lot lines. This issue should be subject to further comment by the City Engineer. Additionally, the City Engineer and/or Fire Chief should provide comment as to the need to establish access easements over the development' s private roadways. Emergencv Vehicle Access. The Fire Chief should comment on the access issues to the townhome development north of 58th Street. Lighting. All exterior lighting locations to be erected in associated with private street construction should be identified on the submitted site plan. CONCLUSION Based on the preceding review, our office recommends approval of the necessary PUD rezoning and PUD concept plan subject to the conditions listed in the Executive Summary of this report. pc: LaVonne Wilson Joe Anderlik - Mark Vierling Jack Krongard 8 • S EXHIBIT D r • Bonestoa Rosene,Anderlik and Associates Inc.is an ative Action/Equal Opportunity Erryofpyer Bonestroo Otto G.Bonestroo.P.E. Howard A.Sanford,P.E. el P Rau.P.E. Mark D.Wallis.P.E. Robert W.Rosene.PE.* Keith A.Gordon,P.E. Agnes M.Ring.A.IC.P. Miles 8.Jensen.PE. Rosene Joseph C.Anderlik.P.E. Robert R.Pfefferle,P.E. Thomas W.Peterson.PE. L.Phillip Gravel.P.E. Marvin L. Anderlik & Richard E.Turner.P.E. David O.Loskota.P.E. Michael Lynch.James R.Maland,P.E. Gary D.Ktisrofitz.PE. Glenn R.Cook.P.E. Robert C.Russek.A.I.A. Jerry D.Per¢sch,P.E. Keith R.Yapp PE. Associates Thomas E.Noyes,P.E. Jerry A.Bourdon.P.E. Scott J.Arganek.P.E. Douglas J Benoit.P.E. Robert G.Schunicht.P.E. Mark A.Hanson.P.E. Kenneth P.Anderson.P.E. Shawn D.Gustafson.P.E. Engineers & Architects Susan M.Eberlin,C.P.A. Michael T.Rautmann,PE. Mark R.Rolls.P.E. Cecilio Olivier.PE. 9 *Senior Consultant Ted K.Field.P.E. Mark A.Seip.P.E. Paul G.Heuer.P.E. Thomas R.Anderson.A.I.A. Gary W.Monsen,P.E. John P.Golder.P.E. Donald C.Burgardt P.E. Paul J.Gannon.A.IA. Charles A.Erickson Thomas A.Syfko.P.E. Daniel J.Edgerton.P.E. Leo M.Pawelsky - • Frederic J.Stenborg,P.E. A.Rick Schmidt P.E. Harlan M.Olson Ismael Martinez.PE. Philip J.Caswell.PE. James F.Engelhardt PRELIMINARY REPORT ON VALLEY VIEW ESTATES UTILITY AND STREET IMPROVEMENTS OAK PARK HEIGHTS,MINNESOTA FILE NO. 55118 October 11, 1994 • Introduction • Krongard Construction Company has submitted a plat for a new residential development to be known as Valley View Estates. The site contains approximately 18.4 acres of land and is located east of Osgood Avenue, between the existing Brekke Heights and Raymie Johnson Estates developments. Valley View Estates is proposed as a mixed density development consisting of 8 single family homes, 24 twinhomes, and 52 townhome units in 7 individual buildings. The purpose of this report is to define the improvements required to serve the proposed development and to provide cost estimates and a method of cost recovery to determine project feasibility. The general layout of the streets and utilities to serve Valley View Estates is shown on Figure No. 1 attached to this report. Required Improvements As part of the existing developments which surround Valley View Estates, extensive utility and street improvements were made to serve this area. As a result, a large portion of Valley View Estates can be served by making service connections to these existing utilities. However, for the remainder of the site, it will be necessary to construct new improvements. 55118\prelim.60 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 • • Sanitary sewer to serve the single family homes can be provided by constructing a new manhole over the existing sanitary sewer line on 57th Street North and extending 8-inch diameter sewer into the single family area. The proposed twinhomes on 57th Street North;and Ozark Avenue North can be served off of the existing sanitary sewer mains on each of those streets. This would be done through a combination of connections to existing services that were installed with the existing main, and cutting new services into the mains at required locations. The three townhome buildings south of 58th Street North would also be served with sanitary sewer from the existing mains on 57th Street and Ozark Avenue. Finally, the four townhome buildings located north of 58th Street would be served by connecting to the existing sanitary sewer systerp on 58th Street and extending new 8-inch diameter main into the area. In order to provide water service to the single family area, a new 6-inch diameter main would be wet- tapped to the existing 8-inch diameter main located on the east side of Osgood Avenue. New 6-inch diameter mains would then be extended down 56th Street North and Osman Avenue North and connected to the existing 6-inch diameter main on 57th Street. Once the new main is in service, the existing 6-inch diameter main,which presently runs cross country between Osgood Avenue and 57th Street,would be abandoned. Similar to the sanitary sewer,the twinhomes, as well as the townhomes located south of 58th Street,would be provided with water main service off of the existing mains on '57th Street and Ozark Avenue. To serve the townhomes north of 58th Street, two connections Ovoid be made to the existing 8-inch diameter main on 58th Street. New 6- and 8-inch diameter mains"wouldthen be installed on the street and driveway alignments within the townhome area to serve the four buildings. Once the new mains are in service, the portion of the existing 8-inch diameter main located on the vacated alignment of 58th Street would be abandoned. Individual sanitary sewer and water service lines would be provided for each single family home and twinhome within the development. Water service lines would be 1-inch diameter, while sanitary services would be 4-inch. Service lines would extend 15 feet into each lot to prevent disturbance of other utilities as the homes are constructed. One sanitary sewer and water service would be provided for each townhome building. The water service would be 2 inches in diameter, with sanitary services being 4-inch diameter. The services would be extended to within 15 feet of the wall of each proposed building. In-line cleanouts would be provided on any sanitary sewer services that exceed 100 feet in length. Storm water drainage is generally to the southeast corner of the site. There is an existing 36-inch diameter trunk storm sewer which runs in an east-west direction across the site, generally paralleling 57th Street approximately 200 feet to the south. An existing 18-inch diameter storm sewer extends from this main and runs north along Ozark Avenue to collect drainage from existing Raymie Johnson 55118\prelim.60 2 • • • Estates and 58th Street. A new manhole would be placed over the existing 36-inch diameter main near Osman Avenue with a new collection system extended to receive drainage from the single family area, as well as 57th Street. A second manhole would be constructed over the 36-inch diameter main near the southeast corner of the site. From there, mains would be extended to the intersection of Ozark Avenue and 57th Street and partially up Ozark Avenue to collect runoff. Drainage from the townhome area north of 58th Street will be collected and routed into two small storm water detention basins which will be located within the townhome area. The existing storm sewer system on 58th Street will be connected to and extended to provide the outlet for these basins. It should be noted that for the purpose of this report, it is assumed that the developer will create the storm water basins as part of the overall site grading for the project. No costs have been included here for the design or construction of these basins. Street improvements within this development include the completion of the loop between 57th and 58th Streets through their extension and the construction of Ozark Avenue. In addition,the single family area of the site will contain two public streets, including a connection to Osgood Avenue. Also, as part of this project, it is recommended that the existing intersection of Osman Avenue and - 57th Street be reconstructed to provide a larger radius curve for easier vehicle movement, as well as a more desirable and comfortable grade transition between the two streets. Streets and drives located :;within the townhome areas of the site will be constructed privately by the developer. All public streets within the subdivision are proposed to have 60-foot-wide rights-of-way, which is the City standard. All new public streets will be improved to the standard width of 32 feet from face of curb to face of curb, with surmountable concrete curb and gutter, standard residential gravel base and bituminous surfacing. The cul-de-sac will be surfaced to a standard 47-foot radius to the back of curb for vehicle movement and snow plowing. Cost Estimates Detailed cost estimates have been prepared for the construction of utilities and streets to serve Valley View Estates and are included in the Appendix to this report. All costs are based on unit prices anticipated for the latter part of the 1994 construction season and include a twenty-five(25)percent allowance for engineering, legal and administrative costs. No costs are included for capitalized interest during the construction and before assessments are levied. A summary of these costs is shown below: 55118\prelim.60 3 • Cost Summary Item Estimated Cost Sanitary Sewer $66,500.00 Water Main 59,400.00 Services 65,900.00 Storm Sewer 145,900.00 Street Base 64,300.00 Street Improvements 144,600.00 Total $546,600.00 All costs shown above must be applied to the subdivision for recovery.' These costs are discussed in detail in the following sections of this report. n, connection char es`must be a lied tovthe subdivision and included in the overall cost estimates to determine total costs. These connection charges are based on a combination of the area being developed and the proposed land use type, with higher intensity usage being charged at an increased rate. A summary of the applicable connection charges for this development is given at the end of this report. Cost Allocation As discussed previously, Valley View Estates will consist of 8 single family lots, 24 twinhomes and _ 52 townhomes. From previous mixed use developments, it has been found that utility lateral and street costs are nearly twice as much for single family homes as compared to townhomes or condominiums. Furthermore,twinhomes fall between these categories, for while each twinhome has its own lot similar to single family homes, the typical lot size and unit size is significantly smaller. Therefore, for the purpose of this report, each single family home will be assigned the value of one equivalent unit, each townhome will be assigned the value of one-half equivalent unit, and each twinhome will be assigned the value of three-quarters equivalent unit. The equivalent unit summary for the development is shown below: 55118\prelim.60 4 • VALLEY VIEW ESTATES 8 Single Family Homes @ 1 equiv. unit 8 equiv. units 24 Twinhomes @ 0.75 equiv. unit 18 equiv. units 52 Townhomes®0.50 equiv. unit 26 equiv. units Total 52 equiv. units Due to the extent of existing public utilities located throughout the site, it will only be necessary to install new public utilities within certain portions of the development in order to provide service to all proposed units. However, no costs are being assigned here to any unit within the development for the existing utilities. Therefore,in order to keep relative costs between all units on an comparable. . basis,it is recommended that costs for the new public improvements to be installed under this project 7.be divided equally among all units by the equivalent unit method as outlined above: Because charges vary with each facility, a separate discussion is presented for each of the various improvements. Sanitary Sewer • The total estimated cost of the sanitary sewer improvements to be performed under this project is $66,500.00. The recommended distribution of costs is as follows: Sanitary Sewer: $66,500.00/52 equiv. units $1280.00 /equiv. unit Single Family: 1.0 equiv. unit @$1280.00 - $1280.00 Rot Twinhome: 0.75 equiv. unit @ $1280.00 $ 960.00 /unit Townhome: 0.50 equiv. unit @$1280.00 $ 640.00 /unit Water Main Required water main improvements for the development are estimated to cost a total of$59,400.00. The allocation of this cost is: Water Main: $59,400.00/52 equiv. units $1140.00 /equiv. unit Single Family: 1.0 equiv. unit @ $1140.00 $1140.00 Rot Twinhome: 0.75 equiv. unit @ $1140.00 $ 860.00 /unit Townhome: 0.50 equiv. unit @$1140.00 $ 570.00 /unit 55118\prelim.60 5 • • • Services Individual services will be installed to connect each single family home and each twinhome unit to the sanitary sewer and water systems. Only one service will be provided for each multi-unit townhome building. In order not to skew the distribution of costs too heavily onto the single family and twinhome areas, it is recommended that the entire costs for all service improvements within the development be allocated by the equivalent unit method. The resulting charges on a per lot or per unit basis are shown below: Services: $65,900.00/52 equiv. units $1270.00 /equiv. unit Single Family: 1.0 equiv. unit @$1270.00 $1270.00 /lot Twinhome: 0.75 equiv. unit® $1270.00 $ 950.00 /unit Townhome: 0.50 equiv. unit @$1270.00 $ 630.00 /unit Storm Sewer The total estimated cost of the storm sewer improvements to be performed under this project is - $145,900.00. The recommended distribution of costs is as follows: Storm Sewer $145,900.00/52 equiv. units $2810.00 /equiv. unit Single Family: 1.0 equiv. unit @$2810.00 $2810.00 Rot Twinhome: 0.75 equiv. unit @$2810.00 $2110.00 /unit Townhome: 0.50 equiv. unit®$2810.00 $1410.00 /unit Street Improvements All street and driveway improvements to be performed in the townhome areas will be done privately _ by the developer. Therefore, the costs of those improvements have not been included in this report and will not be charged against the development. However, it is evident that the townhome buildings located south of 58th Street will receive benefit from the construction of the public 57th Street, Ozark Avenue and 58th Street. Similarly,the townhome area north of 58th Street receives benefit from the existing public 58th Street, even though it was not directly assessed any portion of the cost to improve it. Therefore, it is equitable that the costs of the street base and street improvements for the public streets to be constructed as part of this project be distributed over all portions of the development, including the townhome areas. 55i is\preum.6o 6 • • • • At the time of the Osgood Avenue improvements in 1990, the City entered into an agreement with the existing property owners stating that no portion of the costs of realigning 57th and 58th Streets would be assessed to the contiguous and benefitted properties. It is appropriate to fulfill that agreement at this time by deducting the cost of the equivalent 57th Street realignment from the costs of improving 56th Street and Osman Avenue as part of this project. The total length of streets to be improved as part of this project is 1810 lineal feet. Expressing the total costs of the proposed street improvements on a per foot basis yields the following: Street Base: $64,300.00/ 1810 LF = $35.52/LF Street Improvements: $144,600.00/ 1810 LF = $79.89/LF At the time the agreement was entered into, the length of the proposed 57th Street realignment was 350 lineal feet. Based on the current cost estimates, the value of the realignment is: Street Base: 350 LF @$35.52 = $12,432.00 Street Improvements: 350 LF @ $79.89 = $27,961.50 Deducting the value of the 57th Street realignment results in the following revised estimated street improvement costs which are to be applied to the subdivision: Street Base: $64,300.00 -$12,432.00 = $ 51,868.00 Street Improvements: $144,600.00- $27,961.50 = $116,638.50 Allocating these costs on an equivalent unit basis is as shown below: Street Base: $51,868.00/52 equiv.units $1000.04 /equiv. unit Single Family: 1.0 equiv. unit @ $1000.00 $1000.00 /lot Twinhome: 0.75 equiv. unit @ $1000.00 $ 750.00 /unit Townhome: 0.50 equiv. unit @ $1000.00 $ 500.00 /unit Street Improvements: $116,638.50/ 52 equiv. units $2240.00 /equiv. unit Single Family: 1.0 equiv. unit @ $2240.00 $2240.00 /lot Twinhome: 0.75 equiv. unit @.$2240.00 $1680.00 /unit Townhome: 0.50 equiv. unit @$2240.00 $1120.00 /unit 55118\prelim.60 7 .. •\ • • Lot Cost Summary A summary of the lot or unit costs discussed in the previous sections of this report is shown in the following tabulation: Cost/Unit Item Single Family Twinhome Townhome Sanitary Sewer $ 1280.00 $ 960.00 $ 640.00 Water Main 1140.00 860.00 570.00 Services 1270.00 950.00 630.00 Storm Sewer 2810.00 2110.00 1410.00 Street Base 1000.00 750.00 500.00 Street Improvements 2240.00 1680.00 1120.00 Total $ 9740.00 $ 7310.00 $4870.00 As mentioned previously, all dwelling units within the subdivision are subject to connection charges which are collected with each building permit as the unit is developed and connected to the public utility systems. The following is a summary of the connection charges which should be applied to Valley View Estates: Connection Charge/Unit _. Item Single Family Twinhome Townhome Sanitary Sewer $ 714.26 $ 509.35 $ 341.00 Waterworks 1163.58 891.77 668.46 Storm Sewer 907.89 750.23 475.98 Total $2785.73 $2151.35 $1485.44 In addition to the lots and units being improved as part of this development, there is a 1.60-acre parcel located within the site which is not being improved at this time. The parcel is located north of 56th Street and east of Osgood Avenue, as indicated on Figure No.1. For informational purposes, it is noted here that if this parcel were to be developed with a multi-family townhome building, the total connection charges which would be collected are$11,712.00, plus$600.00 per unit. 55118\prelim.60 8 • • Due to the unique situation of the proposed development, with the amount of existing public utilities located on the site, the large number of connections which will be made to them, disruption of existing street surfaces, etc., there are no recent residential subdivisions to which costs can be compared. However, the total unit costs determined by this report certainly seem to be within the acceptable range for a development of this type. Conclusions and Recommendations As a result of the study undertaken, it can be concluded that the construction of utilities and streets to serve Valley View Estates is feasible, with costs being acceptable for a mixed use development within the City of Oak Park Heights. It is recommended that this report be approved and used as a guide for the layout,design and cost - - allocation of the public improvements to serve Valley View Estates. It is further recommended that copies of this report be forwarded to the developer for their review. Upon receipt of their concurrence on project feasibility, preparation of plans and specifications for the improvements could -be authorized. I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of 11nnesota. qiitts-jeph C. Anderlik Date: October 11, 1994 Reg. No. 6971 551181prelim.60 9 • • APPENDIX VALLEY VIEW ESTATES COST ESTIMATES Sanitary Sewer 480 Lin. ft. 8" PVC, SDR 35, 8'-10'deep in pl @$17.00/1f $ 8,160.00 225 Lin. ft. 8"PVC, SDR 35, 10'-12' deep in pl @ 19.00/If 4,275.00 120 Lin. ft. 8" PVC, SDR 35, 12'-14' deep in pl @ 21.00/1f 2,520.00 50 Lin. ft. 8" PVC, SDR 26, 12'-14'deep in pl @ 24.00/1f 1,200.00 55 Lin. ft. 8" PVC, SDR 26, 14'-16'deep in pl @ 26.00/1f 1,430.00 70 Lin. ft. 8"PVC, SDR 26, 16'-18'deep in pl @ 28.00/1f 1,960.00 8 Each Std 4'diam. MH, 8' deep w/cstg in pi® 1250.00 10,000.00 1 Each Construct 4' diam. MH over exist. 8" VCP®2000.00 2,000.00 28 Lin. ft. 4'diam. MH depth greater than 8'@ 100.00/1f 2,800.00 1 Each Cut in to exist. MH& reconstruct invert @ 500.00 500.00 12 Each 8" x 4" PVC wye branch, SDR 35, in pl @ 50.00 600.00 _ 21 Each Core drill exist. 8" VCP and place 8" x 4"PVC saddle for service in pl @ 250.00 5,250.00 __ 50 Lin, ft. 4" PVC, Sch 40, riser in pi© 15.00/1f 750.00 1 00 Lin• ft. Improved pipe fdn mtl, 6" thick, in pl @ 2.00/1f 2,000.00 ____._____ _ 3G - Lin. ft. Remove exist• concrete curbing @ 4.00/1f 120.00 90 Sq. yd. Remove& restore exist• bituminous surfaced road @ 40.00/sy 3,600.00 120 Sq. ft. Remove exist. bituminous pathway @ 0.50/sf 60.00 200 Ton 1'h" clear rock for mud break in p1 @ 10.00/tn 2,000.00 1000 Lin. ft. Televise sanitary sewer @ 1.00/If 1,000.00 Lump Sum Traffic control 3.00000 Estimated Construction Cost $53,225.00 25%Engr., Fiscal & Admin. 13175.00 Total Sanitary Sewer $66,500.00 551181prolim.60 10 • • Water Main 230 Lin. ft. 8" DIP, Cl 52, 7W cover in pl @ $20.00/1f $4,600.00 970 Lin. ft. 6"DIP, Cl 52, 7W cover in pl @ 16.00/1f 15,520 .00 1 Each 8"gate valve& box in pl @ 600.00 600.00 2 Each 6" gate valve& box in pl @ 400.00 800.00 7 Each 5" valve hydrant in pl @ 1400.00 9,800.00 1 Each Wet tap exist. 8" CI?, incl. 6" GV&box in pl @ 1800.00 1,800.00 2300 Lb C.I. fittings @ 1.00/lb 2,300.00 2 Each Cut in to exist. 8" DIP main @ 300.00 600.00 2 Each Cut 8" x 6" tee into exist. 8"DIP main @ 700.00 1,400.00 2 Each Cut 6" x 6" tee into exist. 6" DIP main® 500.00 1,000.00 2 Each Cut in to, plug& abandon exist. 6" CIP main®500.00 1,000.00 2 Each Plug&abandon exist. 8" DIP main @ 300.00 600.00 30Lin. ft. Remove exist. 8" DIP @ 1000/1f . 300.00 20 Lin. ft. Remove exist. 6" Cl? @ 8.00/If 160.00 40 Lin. ft. Remove exist. concrete curb&gutter @ 4.00/If 160.00 20 Lin. ft. Construct concrete curb &gutter @ 12.00/1f 240.00 - 80 Sq. yd. Remove& restore exist. bituminous surfaced road @ 40.00/sy 3,200.00 100 Sq. ft. Remove exist. bituminous pathway @ 0.50/sf 50.00 1200 Lin. ft. Improved pipe fdn mtl, 6" thick in pl @ 2.00/If 2400.00 -- Lump Sum Relocate exist. hydrant @ 1000.00 ___I____00000 Estimated Construction Cost $47,530.00 25%Engr., Fiscal& Admin. 11.870.00 Total Water Main $59,400.00 55118\prelim.60 11 • • Services 6 Each Connect to exist. wye or riser @$100.00 $ 600.00 4 Each 2" corp. stop tapped into 6" plug, complete in pl @ 250.00 1,000.00 3 Each 2" corp. tapped into exist. 6" or 8"DIP main, incl. saddle @ 350.00 1,050.00 32 Each 1" corporation stop in pl @ 45.00 1,440.00 7 Each 2" curb stop&box in pl @ 250.00 1,750.00 32 Each 1" curb stop&box in pl @ 85.00 2,720.00 370 Lin. ft. 2" Type K copper in common trench @ 18.00/1f 6,660.00 1800 Lin. ft. 1" Type K copper in common trench @ 9.00/1f 16,200.00 1970 Lin. ft. 4" PVC, Sch 40, in common trench @ 9.00/1f 17,730.00 2 Each 4" PVC in line cleanout, complete in pl @ 300.00 600.00 1490 Lin. ft. Improved pipe fdn mtl, 6" thick in pl @ 2.00/1f 2.980.00 Estimated Construction Cost $52,730.00 25%Engr., Fiscal&Admin. - 13.170.00 Total Services $65,900.00 • 55118\prelim.60 12 • • • Storm Sewer 105 Lin. ft. 21"RCP, CI 4, 0'-8' deep in pl ® $30.00/1f $ 3,150.00 125 Lin. ft. 21"RCP, C14, 8'-10' deep in pl @ 33.00/If 4,125.00 95 Lin. ft. 18"RCP, CI 5, 0'-8' deep in p1 @ 28.00/1f 2,660.00 680 Lin. ft. 15" RCP, Cl 5, 0'-8'deep in pl @ 25.00/If 17,000.00 785 Lin. ft. 12" RCP, CI 5, 0'-8' deep in p1 @ 22.00/1f 17,270.00 2 Each 18" RCP flared end w/trash guard in pl @ 850.00 1,700.00 1 Each 15" RCP flared end w/trash guard in pl @ 750.00 750.00 2 Each 12" RCP flared end w/trash guard in p @ 650.00 1,300.00 1 Each Const. 8' diam. MH over ex. 36" RCP w/cstg in pl @ 5000.00 5,000.00 1 Each Std 7' diam. MH w/cstg in pl @ 4000.00 4,000.00 1 Each Const. 6' diam. MH over ex. 36" RCP w/cstg in pl @ 3500.00 3,500.00 1 Each Const. 5'diam. MH over ex. 36" RCP w/cstg in pl @ 2500.00 2,500.00 1 Each Const. 5'diam. CBMH over ex. 18"RCP w/cstg in pl @ 2500.00 2,500.00 2 Each Std 4' diam. MH w/cstg in pl @ 1100.00 2,200.00 10 Each Std 4' diam. CBMH w/cstg in pl @ 1200.00 12,000.00 2 Each High capacity 4' diam. CBMH complete in pl @ 1800.00 3,600.00 9 Each Std 2'x 3'precast CB w/cstg in pl @ 850.00 7,650.00 3 Lin. ft. 5'diam. manhole depth greater than 8'@ 130.00/If 390.00 8 Lin. ft. 6'diam. manhole depth greater than 8'@ 200.00/1f 1,600.00 2 Lin. ft. 8'diam. manhole depth greater than 8'@ 350.00/1f 700.00 1 Each Cut in to exist. MH& reconstruct invert®300.00 300.00 1700 Lin. ft. Improved pipe fdn mtl, 6" thick in pl @ 2.00/If 3,400.00 110 Lin. ft. Remove& reconstruct ex. concrete curb &gutter @ 15.00/1f 1,650.00 170 Sq. yd. Remove& restore exist. bituminous surfaced road @ 40.00/sy 6,800.00 100 Sq. ft. Remove& restore exist. bituminous pathway @ 2.50/sf 250.00 19 Each Erosion control at catch basin @ 75.00 1,425.00 300 Lin. ft. Erosion control fencing @ 3.00/If 900.00 400 Lin. ft. Hay or straw bale diversion in place @ 3.00/If 1,200.00 0.7 Acre Seeding w/mulch anchored in place @ 2400.00/ac 1,680.00 200 Sq. yd. Sodding w/topsoil in place @ 3.00/sy 600.00 400 Sq. yd. Overflow swale grading incl. topsoil & sod in pl @ 6.00/sy 2,400.00 Lump Sum Establish overflow spillway 2.500,00 Estimated Construction Cost $116,700.00 25% Engr., Fiscal & Admin. 29.200.00 Total Storm Sewer $145,900.00 551181prelim.60 13 • . Street Base 1500 Sq. yd. Subgrade preparation @$0.50/sy $ 750.00 2450 Cu. yd. Core excavation @ 3.50/cy 8,575.00 5400 Ton Aggregate backfill in place @ 4.25/tn 22,950.00 3050 Ton Class 5 gravel base in place @ 5.50/tn 16,775.00 200 Lin. ft. 4"PPVC drainline in place @ 10.00/1f 2,000.00 4 Each Cut in to exist. pipe or structure @ 100.00 400.00 Estimated Construction Cost $51,450.00 25%Engr., Fiscal& Admin. 12.850.00 Total Street Base $64,300.00 • • 55118\prelim.60 14 • Street Improvements 790 Lin. ft. Remove exist. concrete curb &gutter® $4.00/If $ 3,160.00 300 Lin. ft. Remove exist. bituminous curb @ 3.00/If 900.00 100 Sq. yd. Remove exist. bituminous surfacing®3.00/sy 300.00 2200 Sq. yd. Milling exist. bituminous surfacing, 3" thick @ 6.00/sy 13,200.00 Lump Sum Remove exist. temporary cul-de-sac 1,500.00 Lump Sum Grading& prep. of Osman Ave./57th St. N. intersection 2,000.00 8500 Sq. yd. Subgrade preparation @ 0.50/sy 4,250.00 870 Ton Class 5 gravel base in pl @ 5.50/tn 4,785.00 790 Ton Type 31 bituminous base, incl. AC-1 in pl @ 25.00/tn 19,750.00 790 Ton Type 41 bituminous base, incl. AC-1 in pl @ 27.00/tn 21,330.00 420 Gal Bituminous mat'l for tack coat in pl @ 1.00/gal 420.00 4300 Lin. ft. Surmountable concrete curb&gutter in pl @ 5.00/1f 21,500.00 180 Lin. ft. Bituminous curbing in pl @ 3.00/If 540.00 160 Lin. ft. Saw cut exist. bituminous surfacing @ 3.00/If 480.00 9 Each Adjust exist. manhole casting @ 250.00 2,250.00 22 Each Adjust exist. catch basin casting®200.00 4,400.00 . 3 Each Adjust exist. valve box @ 150.00 450.00 6 Lin. ft. Valve box extension in place @ 50.00/If 300.00 3 Lin. ft. Hydrant barrel extension in place @ 300.00/1f 900.00 120 Lin. ft. Remove& replace conc. curb& gutter @ 15.00/1f 1,800.0 25 Hour Boulevard grading @ 75.00/hr 1,875. 1.2 Acre Seeding w/mulch anchored in place @ 2400.00/ac 2,880.0 850 Sq. yd. Sodding w/topsoil @ 3.00/sy 2,550. 10 Hour Street sweeper w/operator @ 60.00/hr 600. 10 Hour Bobcat w/operator for cleaning @ 60.00/hr 600. 50 MG Water for dust control @ 15.00/MG 750.00 1 Each Remove existing double wood barricades @ 200.00 200.00 Lump Sum Surface preparation for bituminous wear course III.II Estimated Construction Cost $115,670.. 1 25%Engr., Fiscal & Admin. : 930.1 0 Total Street Improvements $144,600.11 55118\prelim.60 15 • ! N /'/ _.\_..._.�_.1 f_..1_8 r1 TES I ` • i \\ _ ; RA r oma,ii ,CI -►r o I r)• �// (PROPOSED El \ 1 2 3 1 2 3SANITARY 1. SEWER L.L. I rl I ��/ WATER I;' 6 5 4 .J uLa/4 ��J� ID '/ (MAIN 6.5,4 - F- //,, i I • \ , - I IPPROPOSED 7 C N. 1771 O• /%i t-••• \\ ii SEWER p8t ! S t. 1 \�� ///i/ii ii/i/ilii ii`ii�i iu/�J/i iii/i ii iiia:%i/i - `�� N / /i-. ...i /�i�. .ice I .ii Mrs`, ." '''' iii%// Aim? ---- .4.e: t 'it' 1 2 3 4• 1 2 3 4 1 2 3 4 32 1 > � "41 0-3110 8765 8765 87• 885 •Q dl / „ EXISTING PROPOSED • 29 30 O, • .j2%/ � 28 ar A _- ' 10119.ROP. . 24. : \ '‘,,. i „ 27O ��/� S E- 18 19 2021 22 23 \,'/ POSSIBLE//% �TOWNMOME1 _.JI � '-- ' it Awii•••••••13 56th li ` ._. _ D. 3� 5T3�fd _ _ /i////�%i — '�� PRO.OSED . e V2 3 4 PAT R D • irl „tel e I• /0I t N ii I I 1111'111 6t - ; Cfl 1 t In 11111 >0. ,I41 • 8\ ,I.I -R•• /(/(E HE/GETS NO. I N I i O 0 200 400 Scale in feet LOCATION PLAN fiiBonestroo . Rosene sil OAK PARK HEIGHTS, MINNESOTA FIGURE 1 II Anderlik b Associates VALLEY VIEW ESTATES L:\55\551 18\551 18REP.DWG OCT. 1994 COMM. 55118 i • EXHIBIT B " . _ , AGREEMENT FOR ISSUANCE OF INTERIM GRADING PERMIT WHEREAS, Krongard Construction Company has applied for a Planned Unit Development within the City of Oak Park Heights; and, WHEREAS, Krongard Construction Company has received concept approval on the Planned Unit Development; and, WHEREAS, Krongard Construction Company has applied to the City for an Interim Grading Permit to be allowed to grade and seed the area to be improved by the Planned Unit Development prior to the onset of winter 1994 anticipating that the balance of development will be completed throughout 1994 and 1995; and, WHEREAS, the Office of the City Engineer has reviewed the grading and ponding plans as it affects the Planned Unit Development and has determined that the appropriate level of security would be in the amount of $30,000.00 to secure to the City the prompt and proper grading, seeding and ponding that is necessary to serve this development; and, WHEREAS, Krongard Construction Company has received also preliminary approval from the Middle St. Croix Valley Water Management Organization, who has temporarily approved the grading and ponding plan; and, WHEREAS, Krongard Construction Company acknowledges that they would be preceding at their own risk in that there has not been a final approval granted as to the Planned Unit Development application and acknowledges that the work that it may be implementing on an interim basis may be of no benefit and may be lost to them if the Planned Unit Development is not granted in final form; and, S • WHEREAS, Krongard Construction Company recognizes and acknowledges that the City of Oak Park Heights shall not be bound to issue any final Planned Unit Development and may under its own regulations and in the public interest, modify, amend, change or otherwise alter aspects of the Planned Unit Development as applied for or otherwise refuse to issue same, if the same does not comply with the ordinances and regulations of the City of Oak Park Heights or the interests of the Public as served by the City of Oak Park Heights. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Oak Park Heights and Krongard Construction Company as follows: 1. That the proposed Development to be known as Valley View - Estates as proposed by Krongard Construction Company shall be .allowed to proceed with interim grading, ponding and seeding in the manner and form as approved by the Office of the City Engineer. 2. That prior to the commencement of any work on the interim grading permit to be issued by the City, Krongard Construction Company shall deposit with the City by way of cash or irrevocable Letter of Credit, a security of $30,000.00. 3 . That in the event the City Engineer determines that Krongard Construction Company is not performing the grading, ponding and seeding in an acceptable manner or creates a condition upon the site which is dangerous or hazardous to the public safety, creates unacceptablelevels of erosion or exposure for risk of future erosion to the site or to adjoining properties, the City of 2 • 4 111 Oak Park Heights may, without notice to the Developer, apply on the cash deposit or Letter of Credit to secure funds necessary for the City to complete the interim grading, seeding and ponding in a manner acceptable to the Office of the City Engineer. Dated this 13th day of October, 1994. KRONGARD CONSTRUCTION COMPANY CITY OF OAK PARK HEIGHTS By• V7' By: //7/044-74 (Ai;i4elst ItsX, S eputy Clerk 3 • EXHIBIT F S • VALLEY VIEW GARDEN HOMES DECLARATION OF COMMON INTEREST COMMUNITY COMMON INTEREST COMMUNITY NUMBER 73 THIS DECLARATION OF COMMON INTEREST COMMUNITY is executed as of this day of , 1994 . WITNESSETH: WHEREAS, St Croix Land Company, a corporation under the laws of the State of Minnesota ("Declarant") , is the fee owner of certain real property herein described ("Property" ) ; and WHEREAS, Declarant is desirous of developing the Property as a planned community development; and WHEREAS, Declarant intends to improve said property by constructing thereon twin home structures containing a total of two (2) Units (as that term is later defined) each, together with appurtenances thereto, collectively known as VALLEY VIEW GARDEN HOMES, said structure having been constructed as a common interest community in accordance with the plat of VALLEY VIEW ESTATES recorded in Washington County, Minnesota, pursuant to Minnesota Statutes Chapter 505 ("CIC Plat") , which plat is incorporated herein by this reference; and WHEREAS, in order to effect the preservation of the values and amenities of the planned community and to receive the power to attend to and effectuate policies and programs that will enhance the pleasure • and value of the planned community and to maintain, administer and enforce the covenants, conditions and easements and restrictions contained herein and to collect and disburse assessments and charges hereafter created a corporation known as VALLEY VIEW GARDEN HOMES ASSOCIATION, has been created under Chapter 317A of the Minnesota Statutes for the purpose of exercising the aforesaid functions; and WHEREAS, the Declarant hereby establishes by this Declaration a plan for the individual ownership of the real property estates consisting of Lots (as that term is defined herein) . NOW, THEREFORE, the Declarant, as the fee owner of those certain tracts of real property ("Property") and improvements thereon located in the County of Washington, State of Minnesota and legally described as : Lots Eleven (11) , Twelve (12) , Thirteen (13) and Fourteen (14) , Block Six (6) , VALLEY VIEW ESTATES hereby makes the following declaration to the Minnesota Common Interest Ownership Act, Minnesota Statutes Section 515B.1-101 to 515B.4-118 (hereinafter the "Act") as to divisions, covenants, restrictions, limitations, conditions and uses to which the above-described real property and improvements thereon above described, consisting of one structure (hereinafter, "Building") containing two (2) separate Units (as that term is later defined) , and other appurtenances, may be put, hereby specifying that said 411 Declaration shall constitute covenants which shall run with the land and shall be binding on the Declarant, its successors and assigns, and all subsequent owners of all or any part of said real property .and improvements, together with their grantees, successors, heirs, executors, administrators, devisees or assigns . Terms not otherwise defined herein shall have the meaning ascribed to them in the Act . ARTICLE I. CREATION OF UNITS AND COMMON ELEMENTS Section 1 . Establishment of CIC. The Declarant, in order to establish a plan of CIC ownership for the above-described Property and improvements thereon hereby covenants, agrees and declares that it hereby divides the Property and improvements therein into separate parcels of real estate, within the meaning of Section 515B. 1-103 of the Act, and that such CIC division of such Property and improvements shall hereafter be known as VALLEY VIEW GARDEN HOMES, CIC Number 73 (hereinafter "CIC") and such CIC division shall be upon the terms and conditions hereinafter set forth: (a) UNITS. Each separately described Lot on the CIC Plat shall constitute a Unit (hereinafter "Unit" or "Lot") . Unit boundaries of Units shall be the boundary line as designated on the CIC Plat. All Units shall be restricted to residential use. (b) COMMON ELEMENTS. The common elements (hereinafter "Common Elements") shall mean all portions of the CIC other than the Units. (c) ..LIMITED COMMON ELEMENTS. A portion of the Common Elements is hereby set aside and allocated for the exclusive use of one or more but fewer than all of the Units, in the manner set forth hereinafter in this Declaration, said areas to be known as "Limited Common Elements" . The Limited Common Elements • allocated for the exclusive use of the respective Units are • as follows: Those set forth in the Minnesota Statutes Section 515B.2-102 (f) . Section 2 . CIC Not Subject to Conversion Ordinance. The CIC is - ,. not subject to any ordinance provided for in Section 515B.1-106 of the "Act relative to the conversion of buildings to CIC ownership. Section 3 . Timeshares. The CIC shall not permit timeshare of any Units, Common Elements or Limited Common Elements. Section 4 . Master Association. The CIC is not subject to a master association. ARTICLE II. MAINTENANCE RESPONSIBILITIES -2- • 411 Section 1. Maintenance by Association and by Unit Owners. Except as otherwise required under the Act, the Association shall be responsible for maintenance, repair and replacement of all Units and Common Elements except the following (i) the area or space contained within the perimeter walls of each Unit; (ii) the interior Party Walls, includingall paneling,p g, tiles, wallpaper, paint or other finishing materials applied to interior surface of Party Walls; (iii) Awnings; (iv) Shutters; and (v) external air conditioning equipment. Each Unit Owner, as the term is defined in Section 515B.1-103 (35) of the Act, shall be responsible for maintenance, repair and replacement of the items excepted above. To the extent not inconsistent with the provisions of this Declaration, the general rules of law regarding party walls and of liability for property damage due to negligent or willful acts or omissions shall apply to the Party Walls. Subject to the provisions of this Article, the costs of reasonable repair and maintenance of Party Walls shall be shared equally by the Unit Owners who make use of . the Party Walls, in proportion to such use. To the extent not otherwise covered by insurance carried by the Association, if a Party Wall is damaged or destroyed by fire or other casualty, any Unit Owner who has used the Party Wall may restore it, and, if the Unit Owners thereafter make use of the Party Wall, they shall contribute to the costs of restoration in proportion to such use, without prejudice, however, to the right of any such Unit Owners to require larger contribution or reimbursement from the other Unit Owners under any rule of law regarding liability for negligent or willful acts or omissions . ; Notwithstanding any other provision of this Article, a Unit Owner who, by his negligent or willful act, causes the Party Wall to be exposed to the elements shall bear the entire cost of furnishing the :necessary protection against such elements. Each Unit Owner shall afford to the Association and the other Unit Owners, and to their agents or employees, access through his or her Unit and Limited Common Elements reasonably necessary for those purposes. In addition, the Association shall have a reasonable right of entry to and upon each Unit and its Limited Common Elements to effect emergency or other necessary repairs which the Unit Owner has failed to perform. The Association, upon the vote of fifty-one (51%-) • of the members of its Board of Directors, but subject always to Section 515B.3-102 (a) (9) , shall also have the right to grant utility easements under, through or over the Common Elements which are reasonably necessary to the ongoing development and operation of the CIC. The rights of each Unit Owner and the Association to the Common Elements are subject to all matters appearing on the CIC Plat. Section 2 . Damage to Common Elements or Units. If damage is inflicted on the Common Elements or any Unit through which access is taken, the Unit Owner responsible for the damage, or the Association, if it is responsible, is liable for the prompt repair thereof. Such Unit Owner' s share of any expense for such damage may be assessed by the Association against such Unit Owner' s Unit in the manner of an assessment under Article V hereof. -3- • 111 ARTICLE III. ALLOCATION OF COMMON EXPENSES Section 1 . Common Expense Assessment. From and after the adoption of the budget and the levying expenses by the Association under Section 515B.3-115 of the Act, each Unit Owner covenants to pay common expense assessments (as the term is used in Section 515B.2-108 of the Act) . Common expense assessments shall be allocated among the Units in the manner set forth on Exhibit A. Pursuant to Section 515B.3-115 (h) (2) of the Act, the Association may assess any common expense benefiting less than all of the Units against the Units benefited. Common expense assessments (other than special assessments) shall be payable monthly as provided in the Bylaws . Section 2 . Alternate Assessment Program; Assessment for Units Owned by the Declarant. Pursuant to Section 515B.3-115 of the Act, the Declarant is hereby authorized to establish an alternative assessment program. Notwithstanding Section 1 hereof, the annual or special assessments for any Units owned by Declarant and improved with a completed Building, but unoccupied by a tenant of Declarant, shall be limited to twenty-five percent (25%) of the amounts fixed with respect to Units owned by Owners other than Declarant until such time as a certificate of occupancy is issued by the City of Oak Park Heights for the Unit (s) owned by Declarant. (a) Maximum Amount of Assessment as to each Unit. Until January 1st of the year immediately following the year of conveyance of the first Unit to an Owner, the maximum annual assessment permitted with respect to each Unit shall be $900 . 00 annually, or, if collected monthly, $75 .00 per month. From and after January 1st of that year, assessments shall be determined by the Board of Directors. (b) Duration of Alternate Assessment Program. The alternate assessment program shall be effective for a period of not less than one year, but shall not continue beyond the expiration of the period of Declarant Control. • (c) Expiration of Authority to Commence Program. Declarant's authority to commence the alternate assessment program shall expire no later than the expiration of the period of Declarant Control, as set forth in Article VI, Section 2 hereof. (d) Level of Services. The alternate assessment program shall have no effect on the level of services for items set forth in the Association' s budget . Section 3 . Deficiency Contributions. For every calendar year during which Declarant remains in control of the Association, Declarant shall contribute to the Association all funds in excess of • the budgeted and collected assessments which shall be necessary to defray the costs properly paid or incurred by it for the purposes for which annual assessments may be collected all without limitation to the maximum amounts provided herein. Declarant' s contribution for the calendar year during which Declarant' s control terminates shall be prorated to the date of such termination. -4- i For purposes hereof, the establishment of reserves pursuant to this Declaration does not constitute payment or incurring of costs by the Association and Declarant' s deficiency contribution shall not be required to be applied to the establishment of reserves . Section 4 . Date of Commencement of Annual Assessments, Due Dates. The annual assessments provided for herein shall commence for any Unit within the Property or any phase thereof annexed to the Property on the day of conveyance of the first Unit in the Property or such phase and shall be prorated for the month of said conveyance. The Board of Directors shall fix the amount of the annual assessment against each Unit at least thirty (30) days in advance of each assessment period and in lieu thereof, the amount of the prior year' s annual assessment shall be the fixed amount . Written notice of any changed amount of the annual assessment shall be sent to every Owner subject thereto. The due dates when said annual assessments are due and payable shall be established by the Board of Directors . Section 5 . Capital Contribution. At the time of the initial sale • of any Unit from Declarant to any Owner, such Owner shall pay to Declarant for the use of the Association a sum equal to twice the monthly charge for the annual assessment then in effect. Such sum • shall be delivered by Declarant to the Association for use as described in this Declaration. The Capital Contribution for any Unit shall be levied only upon the sale by Declarant to an Owner and shall not be levied on any subsequent sales of the Unit . ARTICLE IV LIABILITY FOR ASSESSMENTS . Section 1. .Lien of Association. The Association shall have a lien on each Unit for any assessments levied against that Unit, as provided under Section 515B.3-116 of the Act and such lien shall have • the priority and may be foreclosed in the manner provided in the Act. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof • becomes due. Fees, charges, late charges, fines and interest charges pursuant to Section 515B.3-102 (10) , (11) , and (12) of the Act shall - be enforceable as assessments. Past due assessments, and amounts enforceable hereunder as assessments, shall bear interest at the rate established with respect to judgments under Minnesota Statutes Section 549 . 09 . • Section 2 . No Waiver of Liability. Each Unit Owner at the time an assessment is payable is personally liable to the Association for the payment of the assessment against his or her Unit, as provided in • Section 515B.3-116 (e) of the Act, and no Unit Owner may exempt himself or herself from the common expense liability by waiver of the use or enjoyment of any of the Common Elements or by the abandonment of his or her Unit. Section 3 . Liability of Grantee for Unpaid Assessments. In a voluntary conveyance of a Unit . (except as provided with respect to First Mortgagees under Article XV hereof) the grantee of the Unit shall be jointly and severally liable with the grantor for all unpaid assessments by the Association against grantor for his or her share of -5- 4 the common expenses up to the time of the grant or conveyance, without prejudice to the grantee' s right to recover from the grantor the amounts paid by the grantee therefor. However, any grantee shall be entitled, upon written request, to a statement setting forth the amount of unpaid assessments currently levied against his or her Unit, as provided in Section 515B.3-116 (g) of the Act. Section 4 . Reserve for Replacement; Monthly Assessments . Assessments for common expenses shall include an adequate fund for replacement of Unit, Common Element or Limited Common Element components which the Association is so obliged to maintain, repair or replace. Said fund shall be funded by monthly payments and not by extraordinary special assessments . In addition, there shall be a capital contribution fund for the initial months of operation of the CIC equal to at least two months' estimated common expense for each unit . ARTICLE V. VOTING RIGHTS • Section 1. Allocation. Voting rights in the Association shall be allocated as set forth on Exhibit A. Section 2 . Declarant Control. Notwithstanding the vote of any Unit Owner to the contrary, the Declarant hereby reserves a period of • Declarant control of the Association during which the Declarant, or persons designated by the Declarant, may appoint and remove the _officers and directors of the Association. Said reservation of .Declarant control is subject to the following: 4 (a) The maximum period of Declarant control may extend from the date of the first conveyance of a Unit to a Unit Owner other than a Declarant for a period not exceeding five (5) years. (b) Notwithstanding subsection (a) above, the period of Declarant control shall terminate upon the earlier of (i) surrender of control by the Declarant or (ii) sixty (60) days after • conveyance of seventy-five percent (75%) of the Units to Unit Owners other than Declarant. • • (c) Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that may be created to Unit Owners other than Declarant or an affiliate of Declarant, a meeting of the Unit Owners shall be held at which not less than thirty three and one third percent (33 1/3%) of the members of the board shall be elected by Unit Owners other than Declarant or an affiliate of Declarant. (d) Not later than the termination of Declarant control, the Unit Owners shall elect a Board of Directors of at least three • members. Thereafter, a majority of the directors shall be Unit Owners other than Declarant or an affiliate of Declarant. The remaining directors need not be Unit Owners unless required by the Articles of Incorporation or Bylaws. All Unit Owners, including the Declarant and its affiliates, -6- may cast the votes allocated to any Unit owned by them. The board shall elect the officers . The directors and officers shall take office upon election. (e) In determining whether the period of Declarant control has terminated under subsection (b) , or whether Unit Owners other than a Declarant are entitled to elect members of the Board of Directors under subsection (c) , the percentage of the Units which have been conveyed shall be calculated based upon the assumption that all Units which the Declarant has built or reserved the right to build in the Declaration are included in the CIC. (f) Except as otherwise provided in this subsection, meetings of the board of directors must be open to all Unit Owners. To the extent practicable, the board shall give reasonable notice to the Unit Owners of the date, time and place of a board meeting. If the date, time and place of meetings are provided for in this Declaration, the Articles of Incorporation or Bylaws of the Association, were announced at a previous meeting of the board, posted in a location accessible to the Unit Owners and designated by the board from time to time, or if an emergency requires immediate consideration of a matter by the board, notice is not required. "Notice" has the meaning given in Minnesota Statutes Section 317A.011, subdivision 14 . Meetings may be closed to discuss the following: (1) personnel matters; (2) pending or potential litigation, arbitration or other potentially adversarial proceedings, between Unit Owners, between the board or Association and Unit Owners, or other matters in which any Unit Owner may have an adversarial interest, if the board determines that closing the meeting is necessary to discuss strategy or to otherwise protect the position of the board or Association or the privacy of a Unit Owner or occupant of a Unit; or • (3) Criminal activity arising within the CIC if the board determines that closing the meeting is necessary to • protect the privacy of the victim or that opening the meeting would jeopardize the investigation of the activity. Nothing in this subsection imposes a duty upon the board to provide special facilities for meetings. The failure to give notice as required by this subsection shall not invalidate the board meeting or any action taken at the meeting. .ARTICLE VI. MISCELLANEOUS COVENANTS Section 1. Miscellaneous Covenants. Declarant, for itself, its successors and assigns, by this Declaration, and any future Unit Owner, by acceptance of deed to a Unit, covenant and agree as follows: -7- 411 (a) Leases . No Unit Owner shall be permitted to lease his or her Unit for transient or hotel purposes. No Unit Owner may :lease less than the entire Unit and no lease shall provide an initial term (exclusive of extensions or options to renew) of less than thirty (30) days . Any lease agreement shall provide that the terms of the lease shall be subject in all respects to the provisions of the Declaration and the terms • and the Bylaws of the Association and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease . All leases shall be in writing. In the event any Owner leases his or her Unit, the Owner shall at all times keep the Association advised in writing of the address of his or her current residence and any changes thereto, and of the name (s) of his or her tenant (s) . Other than the foregoing, there is no restriction on the right of any Unit Owner, including the Declarant, to lease any Unit . (b) Encroachments . If any portion of the Common elements encroaches upon any Unit, or if any Unit shall encroach upon any other Unit or upon any portion of the Common Elements, as a result of the present construction of a Building, or if any such encroachment shall occur hereafter as a result of • settling, expectable expansion, sag or structural adjustment of the building (as distinguished from sudden, extreme and accidental change by Acts of God or other accidental causes) , . a valid easement for the encroachment and for the maintenance of the same, as long as the Building stands, shall exist. If a building, or any adjoining part of the Common Elements shall be partially or totally destroyed as a result of fire or other casualty and then rebuilt in substantial accordance with the CIC Plat, encroachments of parts of the Common ? .. Elements upon any Unit or of any Unit upon any other Unit or I upon any part of the Common Elements, due to such rebuilding, shall be permitted, and valid easements for such encroachments and the maintenance thereof shall exist so long as the particular Building shall stand and such encroachments and easements shall not affect marketability of title. Nothing herein contained shall be construed as contrary to the conclusive presumption of Section 515B.2-115 of the Act that the existing physical boundaries of a Unit or a Unit reconstructed in substantial accordance with the CIC Plat are to be the boundaries of the Unit, regardless of settling or lateral movement of a Building. (c) Ingress and Egress of Unit Owners. There shall be no restriction upon any Unit Owner's right of ingress to and egress from his or her Unit . (d) Administration. The administration of the CIC shall be in accordance with the provisions of the Act, this Declaration and the Bylaws of the Association. (e) Compliance with Declaration. Bylaws and Rules and Regulations. Each Unit Owner, tenant or occupant of a Unit shall comply with the provisions of this Declaration, the Bylaws and rules and regulations of the Association or its representative, as lawfully amended from time to time, and failure to comply with any such provisions, rules or -8- • regulations, shall be grounds for action to recover sums due, for damages, or for injunctive relief . (f) Use of Common Elements . There shall be no obstruction, littering, defacement or misuse of Common Elements nor shall anything be stored in the Common Elements except in areas designated for such storage by the Board of Directors of the • Association. (g) Exterior Appearance of Building. No Unit Owner or occupant of any Unit shall cause or permit anything to be hung, displayed, or placed on the outside windows of any Building (with the exception of draperies, blinds and shades) , on the outside of exterior doors, or on the outside walls or roof of such buildings; no exterior awnings, shutters, canopies, radio or television antennas shall be erected nor any signs affixed to or placed upon exterior walls or roofs or any part thereof or other parts of the Common Elements (except for Declarant' s right to place signs pursuant to Article XI hereof) ; nor shall any change in the outside appearance of any exterior surface of a Building be made without the prior written consent of the Appearance Control Committee, pursuant to Article VIII hereof . „ ro _. .. . _ (h) Residenti.al Use._ The _Pp ert y. ,is hereby„restricted.to .. ' residential dwellings, and ancillary and accessory uses and _buildings in connection therewith (except for model homes and sales offices which may be operated by Declarant or its designees, during the construction or sales period) . All buildings or structures erected on the Property shall be of new construction and no buildings or structures shall be moved from other locations to the CIC. No building or I structure of a temporary character, trailer, tent, shack, garage, barn, or other outbuilding shall be placed on or used on any Unit at any time as a residence, either temporarily or permanently. (i) Animals. No animals shall be permitted to be kept on the Property by any Owner or occupant of a Unit except • conventional domesticated animals kept as pets. Conventional domestic animals specifically exclude among other animals, snakes, reptiles of any sort, and large cats such as tigers, lions, cougars and the like. No kennel, doghouse or outside run shall be constructed or maintained on the Property. No pet shall be kept for any commercial purpose nor shall pets be bred for a commercial purpose upon the Property. Any cat or dog, whenever outside of a Unit, shall be kept under the direct control the pet owner or another person able to control of the pet. No pet shall be left outside unattended, whether leashed or otherwise. The person in charge of the pet must clean up after it. The Board may adopt more specific rules and regulations and penalties not inconsistent • with the foregoing, and may make all or specified portions of the Common Elements off-limits to pets . Upon the petition of seventy-five percent (75%) of the Owners of the Units located within sixty-five (65) feet of the Unit in which resides a specified pet, the Board may order the removal of a particular pet for constant and uncontrolled barking, -9- 111 repeated instances of wandering unleashed or other repeated behavior reasonably offensive to others, provided that the Owner of the Unit harboring the pet shall first have thirty (30) days' written notice in which to correct the pet' s offensive behavior. • (j) Commercial Activities Nuisances. No advertising signs, • billboards, objects of unsightly appearances or nuisances shall be erected, placed or permitted to remain on any Unit, nor shall any Unit be used in any way or for any purpose which may endanger the health or unreasonably disturb the residents of the CIC except that no more than one (1) "for sale" sign or "for rent" sign of not more than five (5) square feet shall be maintained on any Unit . No commercial activities of any kind whatever shall be conducted on any Building or on any portion of the Property except activities intended primarily to service residents in the Property. The foregoing restrictions shall not apply to the commercial activities, signs and billboards, if any, of the Declarant or its designees, or the use or operation of sales offices or model Units on any Units by the Declarant or its designees during the construction and sales period or by the Association in furtherance of its powers and purposes set forth hereinafter and in its Articles of Incorporation, Bylaws and rules and regulations, as the same may be amended from time to time. The Declarant and its successors and assigns shall have the right to rent any or all Units . (k) Screening, Trash Removal. All woodpiles shall be screened by adequate planting so as to conceal them from view of neighboring Units and streets. All rubbish, trash and garbage shall be regularly removed from the Property and shall not be allowed to accumulate thereon. ' There shall be no trash piles or storage piles on the property of any Unit. The foregoing restrictions shall not apply to the activities of Declarant, its designees and those working for or on behalf of Declarant during the construction and sales period. (1) Derricks, etc. No derrick or other structure designed for use in boring, mining, or quarrying for oil or natural gas, precious minerals, shall be erected, maintained or permitted upon any Unit, provided that nothing in this Declaration shall be construed to restrict a public utility from erecting, maintaining, and operating upon any Unit owned by it within the Property, a well, housing, and equipment for the purpose of extracting from the sub-surface and/or the treatment storage and distribution of water through the system of such public utility. (m) Radio, T.V. Antennae . No radio or television receiving or transmitting antennae or external apparatus shall be installed on any Unit . Normal radio and television installations wholly within a building are excepted. (n) Maintenance of Easement Areas. Easements for installation and maintenance of the utilities, sewer pipelines and facilities and drainage facilities over each of said Units, and in the Common Elements are reserved as shown on the CIC -10- 111 • Plat or as created in accordance with this Declaration or any amendments hereof. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction in the flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Unit and all improvements in it shall be maintained continuously by the Owner of the Unit, except for those improvements for which a public authority, a private or public utility company or the Association is responsible. The easement area of the Common Elements shall be maintained continuously by the Association. (o) Prohibition of Fences, Clotheslines and Storage Sheds . There shall be no fences, clothes lines, service sheds or storage • sheds constructed or placed on any Unit within the CIC. (p) Storage. Outside storage of any items, including but without limiting the generality of the foregoing, sporting equipment, toys, outdoor cooking equipment (except lawn furniture and one gas or charcoal grill per Unit which may be left on balcony, deck or patio, if any) , yard and garden tools and equipment and trash and garbage containers (except on the day of pick-up) shall not be allowed. No boats, snowmobiles, trailers, camping vehicles, tractor/trailer or trucks in excess of 9, 000 pounds gross weight or unlicensed or inoperable vehicles shall at any time be stored or parked outside of a Unit garage nor on the Common Elements without the express written approval of the Board, which approval may be withheld without stated reason. (q) ,Hazardous Activities and Waste: Alterations. Nothing shall be done or kept in any Unit or any Common Elements which will increase the rate of insurance on the CIC or the contents thereof or result in increased water, sewer or other utility charges, without the prior written consent of the Board of Directors of the Association. No Unit Owner or occupant 'of a Unit shall permit anything to be done or kept in any Unit or in the Common Elements which will result in the cancellation of insurance on the CIC, or contents thereof, or which will be in violation of applicable law or ordinance. No waste • shall be committed in the Common Elements. No Unit Owner shall make any improvement or alterations to his or her Unit that impair that structural integrity or mechanical systems or lessen the support of any portion of the CIC without the prior written approval of the Board of Directors of the Association, which written approval may be conditioned upon (i) the furnishing to the Association of complete plans and specifications for such alteration or improvement prepared by a licensed architect or engineer; and (ii) the furnishing to the Association of financial guarantees or assurances satisfactory to the Association that all claims for labor or material furnished in connection with such alternation or improvement will be fully paid and that no claims or liens will arise therefrom. • -11- • • ARTICLE VII. CIC ASSOCIATION Section 1. Membership. Every person or entity, including the Declarant, who is a record owner of a fee or an undivided fee interest in any Unit which is subject to this Declaration, shall be a member of the Association and each purchaser of any Unit by acceptance of a deed or contract for deed therefor covenants and agrees to be a member of the Association whether or not it shall be so expressed in any deed or other conveyance. The foregoing is not intended to include persons or entitles who hold an interest merely as security for the performance of an obligation including contract vendors (unless the contract for deed provides otherwise) , until such time as such person acquires a fee simple interest in such Unit by foreclosure or by a proceeding in lieu thereof, or, as to a contract vendor, until such time as the contract for deed is cancelled. For each Unit owned, the Owner thereof shall be entitled to one (1) membership. Membership shall be appurtenant to and may not be separated from the fee ownership of any Unit . For the purpose of this Declaration, the word "Member" shall include any beneficiary of a trust holding legal title to one or more Units. Section 2 . Transfer. Membership held by an Owner of a Unit is an appurtenance to such Unit and shall not be transferred, alienated, or pledged in any way, except upon the sale or encumbrance of such Unit, and then only to the purchaser of such Unit. Any attempt to make a transfer except by the sale or encumbrance of a Unit is void. Reference to the transfer of membership need not be made in an instrument of conveyance or encumbrance of such Unit for the transfer to be effective and the same shall automatically pass with title to the Unit. • ARTICLE VIII. APPEARANCE CONTROL COMMITTEE No structure, patio, deck, post, exterior improvement or addition, landscaping or plant materials (including, but not limited to those set forth in Article XVI, Section 5 hereof) shall be erected, placed • or altered on any Unit described herein (except as are installed or approved by the Declarant in connection with the initial construction of the Units and other improvements) until the building plans, • specifications and plat plan showing the location and proposed erection, placement or alteration of any such structure, patio, deck, post, improvement or addition or a plan or description of any landscaping or plant materials have been approved in writing as to conformity of external design and harmony with existing structures or landscaping on the Property and as to location with respect to topography and finished ground elevation, by an Appearance Control Committee which shall consist of the Board of Directors of the Association or their nominee (s) . The committee shall notify an applicant of such approval or disapproval of its action within thirty (30) days after said building plans and specifications and plat plan or landscaping plan or description have been submitted to the committee; or, in the event the committee does not disapprove of building plan, specifications and plat plan as submitted within said -12- • 30 day period and no suit to enjoin the erection, placement or alteration of such structure, patio, deck, post or other improvement or addition or such landscaping or plant materials has been commenced prior to the completion thereof, such approval will not be required, and this covenant shall be deemed to have been fully complied with. If no application has been made to the Appearance Control Committee or their representatives, or if such application has been rejected, a suit to enjoin or remove such additions, alterations or changes may be instituted at any time by the Association or any Owner in which suit the Association or any Owner shall have the right to collect reasonable attorney' s fees, costs and expenses; provided, however, no suit to enjoin or remove such additions, alterations, or changes may be commenced if unapproved improvements have been completed for a period of ninety (90) days and thereafter a deed to a new Owner is recorded, such improvements then being deemed to have been approved by the Appearance Control Committee. No member of such committee, nor its designated representative, shall be entitled to any compensation for such services performed pursuant to this covenant . ARTICLE IX. • • INSURANCE; DAMAGE OR DESTRUCTION Section1. Statutory Requirements. The Association shall: (a) Commencing not later than the time of the first conveyance of a Unit to a Unit Owner other than Declarant, maintain, to the extent reasonably available: •(1) subject to subsection (b) , property insurance (i) on the Common Elements and also on property that must become Common Elements, (ii) for broad form covered causes of loss, and (iii) in a total amount of not less than the full insurable replacement cost of the insured property, • less deductibles, at the time the insurance is purchased and at each renewal date, exclusive of items normally excluded from property policies; and • (2) commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use or management of the Property in an amount not less than $1, 000, 000 .00 or otherwise deemed sufficient in the judgment of the Board, insuring the Board, the Association, the management agent and their respective employees, agents and all persons acting as agents. The Declarant shall be included as an additional insured in its capacity as a Unit Owner or Board member. The Unit Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use or management of the Common Elements. The insurance shall cover claims of one or more insured parties against other insured parties . (b) The insurance maintained under subsection (a) (1) shall include the Units and the Common Elements. The insurance need not cover improvements and betterments to the Units -13- • • installed by the Unit Owners, but if improvements and • betterments are covered, any increased cost may be assessed by the Association against the Units affected. The . • Association may, in the case of a claim for damage to a Unit or Units, (i) pay the deductible amount as common expense, (ii) assess the deductible against the Units affected in any reasonable manner, or (iii) require the Unit Owners of the Units affected to pay the deductible amount directly. (c) If the insurance described in subsections (a) and (b) is not reasonably available, the Association shall promptly cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Unit Owners . The Association may carry any other insurance it considers appropriate to protect the Association, the Unit Owners or officers, directors or agents of the Association. (d) Insurance policies carried pursuant to subsections (a) and (b) shall provide that : • (1) each Unit Owner and secured party is an insured person . under the policy with respect to liability arising out of the Unit Owner' s membership in the Association; - (2) the insurer waives its right to subrogation under the policy against the Unit Owner or members of the Unit Owner' s household and against the Association and members of the Board of Directors; (3) no act or omission by any Unit Owner or secured party, unless acting within the scope of authority on behalf of the Association, shall void the policy or be a condition to recovery under the policy; and (4) if at the time of a loss under the policy there is other insurance in the name of a Unit Owner covering the same property covered by the policy, the Association's policy is primary insurance. (e) Any loss covered by the property policy under subsection (a) (1) shall be adjusted by and with the Association. The • insurance proceeds for that loss shall be payable to the Association, or to an insurance trustee designated by the Association for that purpose. The insurance trustee or the Association shall hold any insurance proceeds in trust for Unit Owners and secured parties as their interest may appear. The proceeds shall be disbursed first for the repair or restoration of the damaged Common Elements and Units. Unit Owners and secured parties are not entitled to receive any portion of the proceeds unless there is a surplus of proceeds after the Common Elements and Units have been completely repaired or restored or this CIC is terminated. • (f) An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance, upon request, to any Unit Owner or secured party. The insurance may not be cancelled until thirty (30) days after notice of the proposed cancellation has been mailed to the -14- Association, each Unit Owner and each secured party for an obligation to whom certificates of insurance have been issued. (g) Any portion of this CIC which is damaged or destroyed as a result of a loss covered by the Association' s insurance policy shall be promptly repaired or replaced by the • Association unless (i) this CIC is terminated and the Association votes not to repair or replace all or part thereof, (ii) repair, replacement would be illegal under any state or local health or safety statute or ordinance, or (iii) eighty percent (801;) of the Unit Owners, including every Unit Owner and holder of a first mortgage on a Unit or assigned Limited Common Element which will not be rebuilt, vote not to rebuild. The cost of repair or replacement of the Common Elements in excess of insurance proceeds and reserved shall be paid as a common expense, and the cost of repair of a Unit in excess of insurance proceeds shall be paid by the respective Unit Owner. (h) If less than the entire CIC is repaired or replaced, (i) the insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to a condition compatible with the remainder of this CIC, (ii) the insurance proceeds attributable to Units and Limited Common -- Elements which are not rebuilt shall be distributed to the Owners of those Units, including Units to which the Limited Common Elements were assigned, and the secured parties of those Units, as their interests may appear, and (iii) the remainder of the proceeds shall be distributed to all the Unit Owners and secured parties as their interests may appear, in proportion to their common expense liability. (i) If the Unit Owners and First Mortgagees (as that term is later defined) vote not to rebuild a Unit, that Unit' s entire votes in the Association and common expense liability are automatically reallocated upon the vote as if the Unit had . been condemned under section 515B.1-107 of the Act and the Association shall promptly prepare, execute and record an • amendment to the Declaration reflecting the reallocations. Notwithstanding the provisions of this subsection, if this CIC is terminated, insurance proceeds not used for repair or replacement shall be distributed in the same manner as sales proceeds pursuant to section 515B.2-119 of the Act. Section 2 . Owner' s Insurance for Liability and Contents of Units . Each Owner shall maintain at his or her own cost and expense such insurance coverage as he or she may desire with respect to (i) personal liability for acts and occurrences upon his or her Unit and within his or her Unit and (ii) physical damage losses for personal property and the contents for his or her Unit and any improvements, additions or betterments installed either by a person or entity other than as a part of the initial construction, whether made inside or outside his or her Unit, and shall further maintain at his or her cost and expense, any special flood hazard insurance as may be required by the first mortgagee of his or her Unit. The Association shall have no obligation in connection therewith. -15- Section 3 . Workers' Compensation and Fidelity Insurance. The • Association shall obtain and maintain a policy or policies of insurance with reputable insurance carriers providing the following coverage: (a) Workers' Compensation and employers' liability insurance in such form and in such amounts as may be necessary to comply with applicable laws; (b) Fidelity insurance or bonds in reasonable amounts for all officers and employees having fiscal responsibilities, naming the Association as obligee; and (c) Such other insurance in such limits and for such purpose as the Association may, from time to time, deem reasonable and appropriate. • Section 4 . Insurance Premium Expense. The expense of insurance • premiums paid by the Association under this Article shall be an expense of the Association to which the assessments collected by the Association from the Unit Owners shall be applied. • ARTICLE X. CONDEMNATION Section 1. Condemnation of Unit of Common Elements. The following provisions shall pertain where a Unit or any portion thereof . or the Common Elements, or any portion thereof, is made the subject of an eminent domain proceeding, proceeding in lieu of condemnation or is 3 otherwise sought to be acquired by a condemning authority: (a) If a Unit is acquired by eminent domain, or if part of a Unit is acquired by eminent domain leaving the Unit Owner with a remnant which may not practically or lawfully be used for any material purpose permitted by the Declaration, the award shall compensate the Unit Owner and secured party in the Unit, as their interests may appear, whether or not any • • Common Element interest is acquired. Upon acquisition, unless the order or final certificate otherwise provides, that Unit's allocated interests are automatically reallocated • • among the remaining Units in proportion to their respective • allocated interests prior to the taking, and the Association shall promptly prepare, execute and record an amendment to the Declaration reflecting the allocations. Any remnant • after part of a Unit is taken under this subsection is thereafter a Common Element . (b) Except as provided in subsection (a) , if part of a Unit is acquired by eminent domain, the award shall compensate the Unit Owner and secured party for the reduction in value of the Unit and its interest in the Common Elements, whether or not any Common Elements are acquired. Upon acquisition, unless the order of final certificate otherwise provides, (i) that Unit's allocated interests are reduced in proportion to the reduction in the size of the Unit, and (ii) the portion of the allocated interests divested from the partially • -16- 411 • acquired Unit are automatically reallocated to the Unit and to the remaining Units in proportion to the respective allocated interests of those Units before the taking, with the partially acquired Unit participating in the reallocation • on the basis of its reduced reallocated interests. (c) If part of the Common Elements is acquired by eminent domain, ' • the portion of the award attributable to the Common Elements taken shall be paid to the Association. Any portion of the award attributable to the acquisition of a Limited Common Element shall be equally divided among the owners of the Units to which the Limited Common Element was allocated at the time of acquisition and their secured parties, as their interests may appear. (d) In any eminent domain proceeding, the Units shall be treated as separate parcels of real estate for valuation purposes, • regardless of the number of Units subject to the proceeding. (e) Any distribution to a Unit Owner from the proceeds of an eminent domain award shall be subject to any limitations • imposed by the Declaration or By-Laws. • (f) The court order or final certificate containing the final awards shall be recorded in every county in which a portion of the CIC is located. Section 2 . Association Representation. The Association shall represent the Unit Owners in the condemnation, or in negotiations, - settlements and agreements with the condemning authority in any condemnation of Common Elements, and each Unit Owner, by acceptance of a deed to a Unit, appoints the Association, or trustee engaged by the Association, as attorney-in-fact for such purpose. Such condemnation proceeds shall be applied for the restoration or repair of any Common Elements remaining after such condemnation, and any portion of the award not used for any such restoration or repair shall be divided among the Unit Owners and the First Mortgagees (as later defined) in. • the manner prescribed by Section 515B.1-107 of the Act. • • ARTICLE XI. SPECIAL DEtCIJARANT RIGHTS • Section 1. Special Declarant Rights. The Declarant expressly • reserves the following special declarant rights, as the term is used • in Section 515B.1-103 (31) of the Act : (a) To elect, or cause persons designated by it to elect, the officers and members of the Board of Directors of the Association in accordance with Article V hereof. (b) To complete improvements indicated on the CIC Plat, if any, under Section 515B.2-110 of the Act. • (c) To maintain sales offices, management offices, signs advertising the CIC, and models, under Section 515B.2-116 of the Act (which models -may be any Unit owned from time to time by Declarant) . • -17- 411 • • (d) To use easements through the Common Elements for the purpose of making improvements within the CIC including the improvement of any additional real estate described in Article XVII hereof. (e) To create Units, Common Elements or Limited Common Elements within the CIC. (f) To subdivide Units or convert Units into. Common Elements, Limited Common Elements and/or Units . (g) To create a master association and provide for the exercise of authority by the master association over the CIC or its Unit Owners . (h) To merge or consolidate the CIC with anothercommon interest community of the same form of ownership. (i) To add additional real estate, under Section 515B.2-111 of the Act, and as more fully described in Article XVII below. ARTICLE XII OWNER'S OBLIGATION TO MAINTAIN Each Owner, his or her successors and assigns, hereby covenants and agrees at all times to maintain his or her Unit in a neat and proper condition and to perform all necessary repairs thereto, to the -extent not provided for by the Association pursuant to this Declaration. ARTICLE XIII JOINT CONNECTION OF SEWER, WATER, ELECTRICAL GAS, TELEPHONE LINES AND CABLE TELEVISION The rights and duties of the Owners of Units with respect to sewer, water, gas, telephone and cable television shall be governed by the following: (a) Wherever joint house connections of sanitary and storm sewer, water, electricity, gas, telephone or cable television lines are installed within the CIC, and the connections, or any portion thereof, lie in or upon Units owned by others than the Unit Owners served by said connection shall have the right and are hereby granted an easement to the full extent necessary therefor, to enter upon Units or have the utility companies enter upon the Units within the CIC in or upon which said connection, or any portion thereof, lies, to read meters, repair, replace and generally maintain said connection as and when the same may be necessary as set forth below, and further, if a majority of the Board of Directors of the Association deems the repair, replacement or maintenance of such connection to be an emergency, the Association shall have the right to repair, replace or -18- 411 110 maintain such connection and assess the costs thereof against the Units served by such connection in the amounts the Owners would otherwise be responsible for under subsections (c) and (d) herein, and each Owner, for himself or herself, his or her heirs, successors and assigns, covenants that he will pay the Association (or its collecting agent) said assessment upon demand or in such periodic payments as may be determined by the Board of Directors, and that said assessment, if not paid on the date when due, shall become delinquent, shall become a continuing lien on the Unit and the personal obligation of the Owner and shall be subject to collection, enforceability, foreclosure and remedies of the Association in the matter set forth in Articles III and IV hereof for other assessments by the Association. (b) Wherever joint house connection of storm and sanitary sewer, water, electricity, gas, telephone or cable television lines are installed within the CIC and the connections serve more than one Unit, the Owners of each Unit serviced by said connection shall be entitled to the full use and enjoyment of such portions of said connection as services his Unit. (c) In the event any portion of said connection or line is obstructed, damaged or destroyed throuvh the act of an Owner of a Unit being served by said connection, or any of his agents, guests, or members of his family, whether or not such act is negligent or otherwise culpable, so as to deprive the other Owners being served by said connection of the full use and enjoyment of said connection, then the Owner shall forthwith proceed to replace or repair the same to as good a condition as formerly, without cost to the other Owners served by said connection. (d) In the event any portion of said connection or line is obstructed, damaged or destroyed by some cause other than the act of any Owner being served by said connection, his agents, or members of his family (including ordinary wear and tear and deterioration from lapse of time) , then in such event if. said obstruction, damage or destruction shall prevent the full use and enjoyment of such connection by the other Owners served by said connection, all such Owners who are thereby deprived of said use and enjoyment shall proceed forthwith to replace or repair said connection to as good a condition as it was formerly at their joint and equal expense . ARTICLE XIV MUNICIPAL ORDINANCES Section 1. City Ordinances Prevail. None of the covenants, conditions, restrictions or provisions of the Declaration are intended to supersede or prevail over the ordinances of general applicability of ,the city4in which this CIC resides, and in the event of any ._ conflict; the applicable ordinances of said City shall supersede and - - prevail' 'over the covenants, conditions, restrictions and provisions of this Declaration. • -19- 410 1 Section 2 . Standards of Maintenance. The Standards of Maintenance of the Units and the residences and improvements located thereon, and the Common Elements, as adopted by the Association from time to time, shall be at least equal to those set forth in the ordinances of general applicability of the city in which this CIC resides, in effect from time to time which govern and control the maintenance of private property. • ARTICLE XV RIGHTS OF FIRST MORTGAGEES Section 1. Conflicting Provisions. The provisions of this Article take precedence over any other conflicting provisions of this Declaration. Section 2 . Notice of Action. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of a first mortgage on a Unit in the CIC ("First Mortgagee") and the Unit number or address (a holder of a first • mortgage on a Unit who has so requested such notice shall be referred to herein as an "eligible mortgage holder" and an insurer or guarantor of a mortgage on a Unit who has so requested such notice shall be referred to herein as an "eligible insurer or guarantor") , any such eligible mortgage holder or eligible insurer or guarantor shall be entitled to timely written notice of: (a) Any condemnation loss or casualty loss which affects a material portion of the CIC or any Unit on which there is a first mortgage held, insured, or guaranteed by such eligible mortgage holder or eligible insurer or guarantor, as applicable; (b) Any delinquency in the payment of assessments or charges owed by a Unit owner of a Unit subject to a first mortgage held, insured or guaranteed by such eligible holder or eligible . insurer or guarantor, which remains uncured for a period of 120 days; -- (c) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the • Association; (d) Any proposed action which would require the consent of a specified percentage of mortgage holders as specified elsewhere in this Article XV. Section 3 . Certain Amendments to Declaration or Bylaws. In addition to statutory requirements for amendment of this Declaration and the Bylaws of the Association, and to all other requirements set forth herein, unless at least sixty-seven percent (67%) (or such higher percentage as is required by law or this Declaration) of the first mortgagees of the Units or their assigns (based upon one vote for each first mortgage owned) , and at least sixty-seven percent (67%) (or such higher percentage as is required by law or this Declaration) of the Unit Owners (other than any sponsor, developer, builder, or the Declarant) of the Units have given their prior written approval, neither the Association nor the Unit Owners shall be entitled to: -20- 411 411 (a) Terminate the legal status of the CIC (except in accordance with procedures set forth in the Act or this Declaration in the event of amendment or termination made as a result of destruction, damage or condemnation) ; (b) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements (the granting • of easements for public utilities or for other public . purposes consistent with the intended use of the Common Elements shall not be deemed such a transfer) ; (c) Use hazard insurance proceeds for losses to any CIC property (whether to Units or to Common Elements) for other than the repair, replacement or reconstruction of such CIC property, except as provided by statute in case of substantial loss to the Units and/or Common Elements of the CIC. Section 4 . Certain Amendments to Material Provisions of Declaration, Articles, or Bylaws. In addition to statutory requirements for amendment of the Declaration, Articles and Bylaws, and to other requirements set forth herein, the written consent of at least sixty-seven percent (67%) of Unit Owners, and the written consent of eligible mortgage holders representing at least sixty-seven percent (67%) (or such higher percentage as is required by law or this Declaration) of the votes of Units that are then subject to mortgages held by eligible mortgage holders shall be required to add or amend any material provisions of this Declaration, the Articles or Bylaws of the Association. A change to provisions of the Declaration, Articles or Bylaws of the Association governing any of the following would be - considered material : (a) Voting rights; - (b) Assessments, assessment liens, or the priority of assessment liens; (c) Reserves for Maintenance, repair and replacement of the Common Elements (and Units, if applicable) ; (d) Insurance or fidelity bonds; (e) Reallocation of interests in the Common Elements, or rights to use of the Common Elements, except a change in accordance with the procedures set forth in the Act or the Declaration and Bylaws as a result of destruction, damage or condemnation or with respect to a reallocation of interests in the Common Elements which might occur pursuant to any plan of expansion or phased development contained in the original Declaration or Bylaws, or a change of Common Elements into Limited Common Elements; (f) Increase in the number of Units (except as provided in Article XVII hereof) ; • (g) Creation or increase in Special Declarant Rights; (h) Responsibility for maintenance and repairs; -21- 111 111 (i) Expansion or contraction of the project or the addition, annexation or withdrawal of property to or from the project; (j ) Boundaries of any Unit; (k) Convertibility of Units into Common Elements or of Common Elements into Units; • (1) Changing the authorized use of a Unit from residential to non-residential; (m) Imposition of any right of first refusal or any other restriction on the right of a Unit Owner to sell, transfer or otherwise convert his or her Unit; (n) Any provisions that expressly benefit mortgage holders, insurers or guarantors; (o) A decision by the Association to establish self-management when professional management had been required previously by an eligible mortgage holder; (p) Restoration or repair of the project (after casualty or partial condemnation) in a manner other than that specified - in this Declaration and the Bylaws. In' each instance of an addition or amendment that is not a material change (such as the correction of a technical error or the clarification of a statement) , an eligible mortgage holder who is .given a written proposal for such amendment and from whom no response is received within thirty (30) days after notice of the proposal is . .:,given shall be deemed to have approved such proposal. ; . Section 5 . Examination of Association Books and Records: 'Financial Statements. The Association shall make available to any Unit Owner, or to any holder, insurer or guarantor of any first mortgage, a current copy of the Declaration, the Bylaws, and other rules governing the CIC and the books, records and financial statements of the Association. "Available" means for inspection, upon request, during normal business hours or under other reasonable circumstances. The Association also shall make available to prospective purchasers current copies of the Declaration, the Bylaws of the Association and other rules governing the CIC and the most recent annual audited financial statement if such is prepared. The holders of at least fifty-one percent (51%) of first mortgages shall be entitled to have an audited financial statement prepared at their expense if such statement is not otherwise available. Any financial statement requested pursuant to this Section 5 shall be furnished within reasonable time following such request. Section 6 . Priority of Lien of First Mortgage. To the maximum extent permitted by law, the lien for any assessments or other charges becoming payable on or after the date of recordation of the first mortgage on any Unit shall be subordinate to the line of such first mortgage. Any lien for assessments hereunder shall not be affected by any sale or transfer of the Unit, except that the sale or transfer of title to a Unit pursuant to foreclosure of a first mortgage or deed or proceedings in lieu of foreclosure shall extinguish any subordinate -22- • lien for assessments which became payable prior to such sale or transfer or title or which became payable during the redemption period after the foreclosure sale. Any assessments so extinguished may be reallocated and reassessed against all Units as a common expense. Any such sale or transfer of title pursuant to a foreclosure or deed or proceedings in lieu of foreclosure of a first mortgage shall not relieve the purchaser or transferee of a Unit from liability for, nor • the Unit for, the lien of any assessments made thereafter. To the maximum extent permitted by law, there should be subordinated to any first mortgage the lien of any fees, late charges, fines or interest that may be levied by the Association in connection with unpaid assessments, in the same manner as the subordination of assessments hereunder. Section 7 . Insurance or Condemnation Proceeds. Other than as provided elsewhere in this Declaration, no provisions of this Declaration or the Bylaws of the Association shall be construed to give any Unit Owner, or any other party, priority over the rights of any first mortgagee of a Unit pursuant to its first mortgage in the case of a distribution of a Unit Owner of insurance proceeds or condemnation award for losses to or a taking of Common Elements or any portion thereof or any Unit or portion thereof. In the event of substantial damage to or destruction of any Unit or any part of the Common Elements, the holder of any first mortgage on a Unit will_ be entitled to timely written notice of such damage or destruction. If any Unit or portion thereof or the Common Elements or any portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a • condemning authority, then the holder of any first mortgage on a Unit -will be entitled to timely written notice of any such proceedings or proposed acquisition. Section 8 . : Attendance at Meetings of Association. Any eligible holder of a first mortgage who so requests shall be given notice of all meetings of the Association as if such First Mortgagee was a Unit Owner entitled to notice. Each such First Mortgagee shall have the • right to designate a representative to attend all such meetings, which representative shall not have the right to cast a vote. ARTICLE XVI • SUBDIVISION OR CONVERSION OF UNITS Section 1. Right to Subdivide or Convert. The right is hereby reserved by the Declarant to subdivide or convert Units :in the CIC, pursuant to Section 515B.2-112 of the Act. Any Unit, whether or not owned by the Declarant, may be subdivided as provided in Section 515B.2-112 of the Act. Any such subdivision or conversion shall be in accordance with the procedures specified in the Act. ARTICLE XVII FLEXIBLE COMMON INTEREST COMMUNITY Section 1. Option of Declarant to Add Addit .oral Real Estate. Declarant hereby reserves an option to add additional real estate to • -23- • the CIC. The option to add additional real estate will lapse ten (10) years after the date on which this Declaration is recorded. Said time period may be extended by an amendment to the Declaration approved in writing by the Declarant and by vote or written agreement of Unit Owners, other than the Declarant or its affiliate, to whose Units are allocated at least sixty-seven percent (67%) of the votes of the Association. There are no circumstances that will terminate the option prior to the expiration of such ten year period. Except as otherwise provided in this Section, there shall be no other restriction on the options to add real estate to the CIC. The legal description of each portion of the additional real estate is set forth in Exhibit B attached hereto and incorporated herein. Section 2 . Manner of Adding Additional Real Estate. The parcels constituting the additional real estate may be added separately or simultaneously to the CIC and no assurances are made by the Declarant with respect to the order in which parcels may be added; such property shall be added by the method prescribed in Section 515B.2-111 of the Act . Section 3 . Maximum Number of Units; Type of Construction. A maximum number of twenty-eight (28) Units may be created in the additional real estate to be used exclusively for residential use. All or any portion of such Units which may be constructed upon any portion of the additional real estate will be similar to and compatible with the other buildings and Units in the CIC in terms of architectural style, floor plan, quality of construction, principal materials employed in construction, and size, except that the Declarant reserves the right to employ different materials and design -as may be required by law or as may economically facilitate construction without substantially reducing the value of existing Units or increasing common expenses for existing Units. All other improvements and Common Elements that may be made or created upon or within the additional real estate or each portion thereof shall be similar to those existing in the CIC, except that they may, but need not, include roadways and additional recreational or other facilities. Section 4 . Application of Declaration. All restrictions in the Declaration affecting use, occupancy and alienation of Units will apply to Units created in the additional real estate. In the event that the additional real estate or any portion thereof is not added to the CIC, the additional real estate shall in no way be affected by or subject to the terms of this Declaration. ARTICLE XVIII COMPLIANCE BY UNIT OWNER. Section 1. Right of Action in Unit Owners and Association. Failure of any Unit Owner to comply with the provisions of this Declaration, the Articles of Incorporation or Bylaws of the Association, or rules and regulations of the Association, shall give rise to a cause of action in the Association and any aggrieved Unit Owner for the recovery of damages, or for injunctive relief, or both. The foregoing is not intended to restrict or limit the application of Section 515B.4-116 of the Act. • -24- 4110 ARTICLE XIX AMENDMENT Section 1. Voting Reauirements. Except as limited by 515B.2-118 (d) of the Act requiring additional agreement in the case of alteration of Limited Common Elements, and except insofar as a higher voting requirement may be otherwise required under this Declaration, or the Act, this Declaration may be amended by the Association only upon a vote or written agreement of Unit Owners to which at least sixty-seven percent (67%) of the votes in the Association are allocated. In addition, the written consent of HUD and VA shall be required, so long as the period of Declarant control set forth in Article V hereof shall not have terminated, in accordance with said Article XI and the Act, for any amendment to the Declaration. Any such amendment to the Declaration shall be effective only when filed or recorded as required by the Act . IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first written above. - VALLEY VIEW GARDEN HOMES, a Minnesota Corporation By: Its: STATE OF MINNESOTA -) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 19 , by , the of , Minnesota corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LAWSON, MARSHALL, McDONALD & GALOWITZ, P.A. Lawyers 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 Telephone: (612) 77.7-6960 JSM -25- 111 111 EXHIBIT A TO DECLARATION OF COMMON INTEREST COMMUNITY VALLEY VIEW GARDEN HOMES CIC NUMBER 73 ALLOCATION OF COMMON EXPENSE LIABILITIES AND VOTING RIGHTS As provided in Section 515B.2-108 of the Minnesota Common Interest Ownership Act, this Declaration allocates the undivided interests in the Common Expense Liability and the Voting Rights to the Units on an equal basis, based upon the number of Units in the Association, provided, however, that a Common Expense assessment may be assessed against fewer than all Units as allowed under Section 515B.3-115 (h) (2) of the Act. The Common Expense Liability and Voting Rights are allocated equally among the Units as follows : Fraction of Common Portion of Votes in Expense Liability the Association Unit Lot 11, Block 6 1/4 1/4 Lot 12, Block 6 1/4 1/4 -Lot 13, Block 6 1/4 1/4 Lot 14, Block 6 1/4 1/4 _ Total: 1.0 1.0 • 110 EXHIBIT B TO DECLARATION OF COMMON INTEREST COMMUNITY VALLEY VIEW GARDEN HOMES CIC NUMBER 73 (Legal Description of Additional Property) Lots Nine (9) and Ten (10) , Block Six (6) ; Lots Fifteen (15) through Thirty-two (32) , inclusive, Block Six (6) ; all in Valley View Estates, Washington County, Minnesota • • DECLARATION FOR COMMON INTEREST COMMUNITY NUMBER 74 VALLEY VIEW CONDOMINIUMS WEST • . Pursuant to the provisions and authority of Minnesota Statutes Chapter 515B, St. Croix Land Company, a Minnesota corpox'ation ("Declarant") makes and executes this Declaration to submit certain real property which Declarant owns in fee simple and which is legally described herein, together with the buildings and improvements constructed thereon, to all provisions of the Minnesota Common Interest Ownership Act . 1. Definitions. All terms and phrases used in this Declaration or in the other Project Documents shall have the meanings set forth in the Act unless otherwise defined in the Project Documents. 1 . 1 "Act" means the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B and any successor statutes; 1.2 "Additional Real Estate" means the real estate that Declarant may add to the Common Interest Community pursuant to Section 9 . The Additional Real Estate is legally described as:. Lots One (1) through Eight (8) , Block One (1) ; Lots One (1) through Eight (8) , Block Two (2) ; and Lots One (1) through Six (6) , Block Four (4) ; All in VALLEY VIEW ESTATES, Washington County, Minnesota. 4 ` 1.3 "Affiliate of Declarant" means any Person who controls, is controlled by, or is under common control with a Declarant. A Person "controls" a Declarant if the Person (i) is a general partner, officer, director, or employer of the Declarant; (ii) directly or indirectly or acting in concern with one or more other Persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than 20 percent of the voting interest in a Declarant; (iii) controls in any manner the election of a majority of the directors of a Declarant; or (iv) has contributed more than 20 percent of the capital of the Declarant. A Person "is controlled by" a Declarant if the Declarant (i) is a general partner, officer, director, or employer of the Person; (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing, more than 20 percent of the voting interest in the Person; (iii) controls in any manner the election of a majority of the directors of the Person; or (iv) has contributed more than 20 percent of the capital of the person. Control does not exist if the powers described in this paragraph are held solely as security for.:an obligation and are not exercised. 1.4 "Association" means VALLEY VIEW CONDOMINIUMS WEST ASSOCIATION, a Minnesota nonprofit corporation organized and existing under the authority of Minnesota Statutes Chapter 317A; 111 411 1.5 "Board" means the Association' s Board of directors; 1. 6 "Common Elements" means all portions of the Common . Interest Community of other than the Units; 1. 7 "Common Expenses" means any and all expenditures • made and liabilities incurred by or on behalf of the Association together with the amounts necessary to fund, over the estimated useful life of the Common Elements, including Limited Elements, scheduled deposits in reserve accounts established to provide funds to pay for the replacement of the Common Elements, including Limited Elements, at the end of the estimated useful life of the Common Elements; • 1. 8 "Common Interest Community" means VALLEY VIEW CONDOMINIUMS WEST, Common Interest Community Number 74, Washington County, Minnesota including any Additional Real Estate subsequently added to the Common Interest Community; 1. 9 "Common Interest Community Plat" means that part of this Declaration which constitutes the drawing of the layout of the Common Interest Community; 1. 10 "Declarant" means St. Croix Land Company, a • Minnesota corporation; any person who executes an amendment to the Declaration adding Additional Real Estate to the Common Interest Community, other than persons holding interest in the real estate solely as security for an . obligation; or any person who succeeds under the provisions of the Act to any Special Declarant Rights, as defined in the Act; 1.11 "Declaration" means this document and all amendments hereto; 1.12 "Fractional Allocation" means the fraction • assigned to each Unit in Section 7 of this Declaration which • is used to express; the undivided interest in the Common Elements appurtenant to the Unit; the share of the Association' s Common Expenses which the Board shall assess against the Unit and for which the Unit' s Owners are personally liable; and the fraction of the total membership votes in the Association assigned to the Unit. 1. 13 "FHA" means the Federal Housing Administration; 1 .14 "Limited Common Elements" means any part of the Common elements that the Declaration or the Act allocate for the exclusive use of one or more but fewer than all Units; 1.15 "Member" means the Person or Persons with membership rights in the Association. If a Person is the . sole owner of a Unit, the Person is a Member of `the Association. If more than one Person owns a Unit, all Persons who own the Unit are considered to be, collectively, a single member of the Association. -2- r ., • • 1. 16 "Owner" means any person, including a Declarant, who owns a Unit, but does not include a Secured Party; 1 . 17 "Person" means an individual, corporation,. limited liability company, partnership, trustee under a trust, personal representative, guardian, conservator, government, governmental subdivision or agency, or other • legal or commercial entity capable of holding title to real estate. 1 . 18 "Project Documents" means this Declaration, the Association' s Articles of Incorporation and Bylaws and the rules and regulations of the Association, if any; 1. 19 "Purchaser" means a person, other than a Declarant, who by means of a voluntary transfer acquires a legal or equitable interest in a Unit other than a leasehold interest of less than 20 years, including renewal options, or a security interest . 1.20 "Secured Party" means a Person owning a perfected interest in a portion of the Common Interest Community, created by contract or conveyance, which secures payment or performance of an obligation. 1.21 "Special Declarant Rights" the rights Declarant has reserved to itself in Section 8 of the Declaration. 1.22 "Unit" means a parcel of real estate within the - Common Interest Community, the boundaries of which parcel are described in this Declaration and which is intended for separate ownership. 1.23 "VA" means the United States Department of Veterans Affairs. 2 . Description of the Common Interest Comm itv. The name of the Common Interest Community is VALLEY VIEW CONDOMINIUMS WEST. The Common Interest Community is a Condominium. The Washington County Recorder has assigned Common Interest Community Number ** to the Common Interest Community. The YCommon Interest Community is located in the City of Oak Park Heights, Washington County, Minnesota, on the real estate legallydescribed as Lots One (1) through Six (6) , inclusive, Block Six (6) , VALLEY VIEW ESTATES. There are 6 Units in the Common Interest Community. All Units are restricted to residential use. Declarant has reserved the right to add additional Units to the Common Interest Community as set forth in Section 9 . 3 . Description of the Association. Declarant has incorporated a Minnesota non-profit corporation under Minnesota Statutes Chapter 317A to administer the Common Interest Community. The corporation' s name is VALLEY VIEW CONDOMINIUMS . WEST ASSOCIATION. The duties and powers of the Association and the Board shall be those set forth in the Act, the Association' s Articles of Incorporation and Bylaws and this Declaration; provided, however, that the terms and provisions of the Act shall control in the event of any inconsistency between the Act and the Project Documents. -3- 111 4 . Description of the Units . The Common Interest Community Plat sets forth the Unit Identifier and dimensions of each Unit and depicts the location of each Unit . The boundaries of the . Units are the interior, unfinished surfaces of the perimeter walls, floors and ceilings of the Unit . All paneling, tiles, wallpaper, paint, floorcoverings and any other materials applied to the interior surfaces of the perimeter walls, floors and ceilings are part of the Unit, and all other portions of the perimeter walls, floors and ceilings, including perimeter doors and windows and their frames, are part of the Common Elements . All spaces, interior partitions, and any fixtures and improvements located entirely within the described boundaries of a Unit are part of the Unit. 5 . Description of the Common Elements . The Common Elements consist of all the real property and fixtures included in the Common Interest Community except for the real property and fixtures which are part of a Unit . Limited Common Elements are Common Elements . The Common Elements include, without limitation, all foundations, columns, girders, beams, supports, • exterior walls, interior loadbearing walls, walls separating . Units, corridors, stairs, yards, gardens, recreational areas and facilities, private roads, parking areas, driveway areas, central and appurtenant installations for utility services and all water, sanitary sewer and storm sewer mains, pipes and lines, and related fittings, which are not part of a Unit and which are not publicly owned and maintained. If any chute, flue, duct, pipe, wire, conduit, bearing wall, bearing column, or other fixture lies partially within and partially outside the designated boundaries of a Unit, any portion serving more than one -Unit or any portion of the Common Elements is part of the Common Elements . 6 . Description of the Limited Common Elements. All improvements such as shutters, awnings, window boxes, doorsteps, stoops, balconies, decks, patios, perimeter doors and windows, enclosed or unenclosed porches, constructed as a part of the original construction to serve a single Unit, and authorized • replacements and modifications thereof, if located outside the Unit' s boundaries, are Limited Common Elements allocated • exclusively to that Unit. If any chute, flue, duct, pipe, wire, conduit, bearing wall, bearing column, or other fixture lies partially within and partially outside the designated boundaries of a Unit, any portion serving only that Unit is a Limited Common Element allocated solely to that Unit. The Common Interest Community Plat shows the location and. dimensions of Limited Common Elements such as porches, balconies, decks and patios, if any. 7 . Allocated Interests . Each Unit is hereby assigned a Fractional Allocation which determines the extent of the undivided interest in the Common Elements Appurtenant to each Unit, the extent of the liability for Common Expenses assigned to each Unit and the fraction of the total membership votes in the Association assigned to each Unit. Fractional Allocations are equal for all Units. The Fractional Allocation assigned to each Unit is a fraction the numerator of which is one and the denominator of which is the total number of Units in the Common -4- • • Interest Community. Declarant has reserved the right to add Additional Real Estate to the Common Interest Community pursuant to Section 9 below. Declarant has reserved the right to create up to 22 additional Units on the Additional Real Estate. If Declarant executes and records one or more amendments to this Declaration adding Additional Real Estate to the Common Interest Community, each Unit' s Fractional Allocation shall be automatically recalculated upon the recording of each amendment. The new Fractional Allocation assigned to each Unit after the recording of an amendment shall be a fraction, the numerator of which is one and the denominator of which is the total number of Units in the Common Interest Community after the execution and recording of the amendment. The reallocation of the Fractional Allocation of the Units shall not alter or affect the amount of any liens for unpaid installments of annual or special assessments levied before the reallocation or an Owner' s obligation to pay future installments of special assessments levied before the recording of the amendment . 8 . Special Declarant Rights. Declarant reserves, for the benefit of any Declarant, the right to: 8 .1 Complete improvements depicted on the Common Interest Community Plat; 8 .2 Add Additional Real Estate to the Common Interest Community pursuant to Section 9 below; 8 .3 Maintain sales offices, management offices, signs advertising the Common Interest Community and models 'pursuant to Section 10 below; 8.4 Appoint or remove and appoint replacements for the Association's directors and officers pursuant to Section 11 _ and 8 .5 Use easements through the Common Elements for the . purpose of making improvements within the Common Interest Community or on any Additional Real Estate pursuant to Section 16.2. 9 . Additional Real Estate. • 9.1 Declarant reserves the right to record one or more amendments to this Declaration adding all or any part of the Additional Real Estate to the Common Interest Community. The right to add Additional Real Estate will expire on the date which is seven (7) years after the date Declarant records this Declaration. If, prior to the expiration of the seven (7) year period, Declarant determines that it will not add all or any portion of the Additional Real Estate to the Common Interest Community, Declarant may record a statement to that effect in the appropriate County Land records, and upon the recording of the:.statement Declarant' s-:right to add the Additional Real Estate described in the statement to the Common Interest Community,will terminate. 9 .2 Declarant may add portions of the Additional Real Estate at different times. - Declarant makes no assurances -5 410 regarding the configuration or boundaries of the portions of the Additional Real Estate which Declarant may add to the Common Interest Community. Declarant makes no assurances as to the order in which Declarant will add portions of Additional Real Estate to the Common Interest Community. Declarant makes no assurances that Declarant will add any of the Additional Real Estate to the Common Interest Community. 9 . 3 Declarant may create a maximum of 22 Units on the Additional Real Estate . All Units created on the Additional Real Estate shall be restricted to residential use. 9 .4 Any and all buildings and Units on the Additional Real Estate, when and if added, will be compatible with the other buildings and Units in the Common Interest Community intermsof the quality of construction and will be substantially complete before the Additional Real Estate is added to the Common Interest Community. In recognition of ongoing developments in the field of housing construction and energy supply, and changes in consumer demand for housing, Declarant makes no assurance with regard to the . architecturalstyle, the principal materials which may be • employed in the construction or the size of the Units or buildings, if any, erected upon the Additional Real Estate when and if the Additional Real Estate is added to the Common Interest Community. 9 .5 All restrictions contained in this Declaration . which affect the use, occupancy or alienation of Units will apply to all Units created on any Additional Real Estate 'which Declarant adds to the Common Interest Community. An _ amendment which adds Additional Real -Estate to the Common Interest Community may contain additional restrictions as may be necessary to reflect the different character of the Additional Real Estate which is the subject of the amendment. Any additional restrictions contained in an amendment to this Declaration shall affect only the Additional Real Estate described in the amendment. • 9 . 6 Before recording an amendment adding Additional Real Estate to the Common Interest Community, Declarant shall serve notice of its intention to add Additional Real Estate as provided for in the Act and shall obtain any written approvals which the FHA or the VA require. If Declarant complies with the Act and the Declaration, Declarant may add the Additional Real Estate without the approval or consent of the Association or any owner. Any assurances set forth in this Declaration regarding Additional Real Estate shall not apply to the Additional Real Estate if Declarant does not add the Additional Real Estate to the Common Interest Community. If an Amendment • adding Additional Real Estate to the Common Interest Community creates additional Units, the Fractional Allocation assigned to each Unit shall be reallocated • pursuant to Section 7. 10 . Model Units and Sales and Management Offices. Declarant hereby reserves the right to maintain sales offices, -6- • • management offices and model units in Units, on Common Elements or on the Additional Real Estate. Declarant reserves the right to increase or decrease the number of Units which Declarant uses as sales offices or models; to relocate the sales offices or models to other Units, Common Elements or Additional Real Estate or to use a Unit as a management office. Declarant further reserves the right to maintain signs on the Common Elements and in or on model Units advertising the Common Interest Community, including the advertisement and promotion of the sales of Units . Notwithstanding anything to the contrary in this Declaration, so long as Declarant owns at least one Unit in the Common Interest Community for sale, the Association shall take no action which adversely affects Declarant' s ability to sell the Unit or Units without prior written consent of Declarant . 11 . Declarant Control of the Association. Declarant designated the Association' s initial Board in the Articles of Incorporation. The Board has three (3) members. The Declarant, or Persons whom the Declarant designates, has the exclusive right to appoint the three (3) current members of the Board and to remove one or more of the three (3) directors, at will, and • appoint their successors, until the earlier of : 11.1 Five (5) years from the date of the filing of the Declaration; 11.2 Declarant' s voluntary surrender of Declarant' s right to elect the three (3) directors; or 11.3 The date sixty (60) days from the date Declarant has conveyed seventy-five percent (75%) of the Units to Purchasers. So long as Declarant has the right to appoint and remove directors, the Declarant may also appoint and remove the Association' s officers. Within sixty (60) days of the date a Declarant has conveyed fifty percent (50%) of the Units to Purchasers, the Board shall call and hold an annual or special meeting of the Members . At that meeting the Members shall elect two (2) additional directors. From and after that election, the Board shall consist of five (5) directors. Within sixty (60) days after the date a Declarant has conveyed seventy-five • percent (75%) of the Units to Purchasers, the Board shall call and hold an annual or special meeting of the Members. At that meeting, the terms of all five (5) directors shall expire, and the Members shall elect individuals to fill all five (5) director positions . The term of office of two (2) directors shall be fixed for three (3) years; the term of office of two (2) directors shall be fixed at two (2) years; and the term of office of one (1) director shall be fixed at one (1) year. Thereafter, all directors shall be elected for three (3) year terms . Directors take office upon election and hold office until they resign, the Members remove them pursuant to the Bylaws or their terms expire and the Members elect successor directors . To calculate the percentage of Units a Declarant has sold to Purchasers, the number of Units the Declarant has sold to Purchasers is divided by the total number of Units which the Declarant has built or has reserved the right to build and add to the Common Interest Community: 222 Units . -7- 110 411 12 . Restrictions on of the Use, Occupancy or Alienation of Units and Common Elements . The Units and the Common Elements shall be used only as follows : 12 . 1 The Units shall be occupied and used only for residential purposes. Only Owners, their families, guests and tenants may occupy and use Units. Units shall not be used in a manner which is illegal under Federal and State law or local ordinances . 12 . 2 Owners may not rent Units for transient or hotel purposes, which shall be defined as 12 .2-1 rental for any period less than 180 days; or 12.2-2 any rental if the occupants of the Unit are provided customary hotel services, such as room service for food and beverage, maid service, furnishing laundry and linen, and bellboy service. Other than the foregoing obligations, Owners shall have the absolute right to lease their Units provided that the Owner and the tenant have a written lease agreement; the lease agreement obligates the tenant to observe each of the restrictions and perform each of the covenants which the Project Documents impose upon an Owner; the lease agreement expressly states that the Association is an intended third party beneficiary of tenant's obligation to observe the terms of the Project Documents; and -the Owner delivers a copy of the lease to the Association before commencement of the lease term. 12 .3 There shall be no obstruction of the Common Elements nor shall anything be stored in or on the Common Elements without the Board' s prior written consent. No Owner shall be permitted to keep or store any major recreational equipment (which is defined to mean trailers of • any sort, including, but not limited to, camper trailers, pick-up campers, motorized, self-propelled motor homes, boats or boat trailers) on any portion of the Common Interest Community. 12 .4 The occupation and use of Units and the Common Elements shall from time to time be subject to rules and regulations which the Board establishes pursuant to its Bylaws; provided however, that if during the period of Declarant control, Units are subject to mortgages which the FHA or VA insure or guaranty, the Board shall acquire any necessary approvals from the VA and FHA before enforcing any rules and regulations. 12 .5 Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance on the Common Interest Community without the Board' s prior written consent. No Owner shall permit anything to be done or kept in his or her Unit or in or on the Common Elements which will result in the cancellation of insurance on the buildings. or contents thereof. -8- 110 411 12 . 6 Owners shall not cause or permit anything to be placed on the outside walls of the Common Interest Community buildings and no sign, awning, canopy, shutter, radio or . television antenna shall be affixed to or placed upon the exterior walls or roof or any part thereof, without the Board' s prior written consent. No clothes, sheets, blankets, laundry or any kind of other articles shall be hung out or exposed on any part of the Common Elements. 12 . 7 No animals (including, but not limited to, dogs, cats, reptiles, rabbits, livestock, fowl or poultry of any kind) shall be raised, bred or kept in any Unit or in the Common Elements, except that dogs, cats or other household pets may be kept in Units, subject to rules and regulations adopted by the Board, provided that they are not kept, bred or maintained for any commercial purpose, and provided further, that any such pet causing or creating a nuisance or unreasonable disturbance shall be permanently removed from the property upon three (3) days written notice from the Board. 12 . 8 No. noxious or offensive activity shall be carried on in any Unit or in the Common Elements, nor shall anything -be done therein, either willfully or negligently, which may - - be a nuisance to the other Owners or occupants. No Owner shall overload the electric wiring in the buildings, or operate any machines, appliances, accessories or equipment in such manner as to cause, in the judgment of the Board, an unreasonable disturbance to others or connect any machines, appliances, accessories or equipment to the heating or 'plumbing system, without the Board' s prior written consent. 12 . 9 Except as otherwise provided herein, no industry, business, trade, occupation or profession of any kind, commercial, educational, religious, or otherwise, shall be conducted, maintained or permitted in any Unit or on the Common Elements. Nothing herein contained shall be construed in such a manner as to prohibit an Owner from: 12 .9-1 maintaining his or her professional library therein; 12 .9-2 keeping his or her personal business or • professional records or accounts therein; or 12 .9-3 handling his or her personal business or professional telephone calls or correspondence therefrom. 12 .10 No "For Sale" or "For Rent" signs, advertising or other displays shall be maintained or permitted on any part of the Common Interest Community except by the Board; provided however, that nothing contained herein shall limit Declarant' s rights as provided in Section 10 . 12 .11 Nothing shall be constructed on or removed from the Common Elements without the prior written consent of the Board. -9- 4 ! 12 . 12 The Units shall not be subject to Timeshares, as that term is defined in the Act . • 13 . Subdivision or Conversion of Units . Owners, including Declarant, may not subdivide Units or convert Units to Common Elements as contemplated in Section 515B.2-112 of the Act. 14 . Assessments and the Association' s Lien for Unpaid Assessments . 14 . 1 The Board shall levy annual assessments and may levy special assessments for Common Expenses against each Unit pursuant to the procedures stated in the Bylaws . Owners may not withhold payment of annual or special assessments or reduce the amount of the Owner' s payments as a set-off against claims which the Owner asserts against the Association. If an Owner fails to pay any installment of annual or special assessments, in full, within ten (10) days of the date due, the payment shall immediately become delinquent and shall begin to accrue interest thereon. Interest shall accrue as of the date of such delinquency at the judgment rate of interest as determined by Minnesota Statutes Section 549 .09 . In addition, the Board shall have the right to charge a late fee as determined from time to time if assessment payments are not made when due. If any installment of an assessment becomes more than sixty (60) days past due, the Association may, upon ten (10) days' written notice to the Owner, declare the entire amount of the assessment immediately due and payable in full. In any foreclosure of a lien or a suit to recover a money judgment for unpaid Common Expenses, the amount due and owing shall include the amount of all unpaid regular or special assessment, interest and any late charges as described above and all costs of collection including actual attorneys' fees . 14 .2 Each Owner is personally liable for all • assessments levied against the Owner' s Unit. If more than one individual or entity owns a Unit, all Owners of the Unit shall be jointly and severally liable for annual and special assessments . 14 .3 The Association has a lien on a Unit for the amount of any assessment which the Association levies against the Unit. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due. The Association' s lien shall have priority over all other liens except only: 14 .3-1 liens and encumbrances recorded before the recordation of this Declaration, if any; 14 .3-2 the lien of a recorded, first mortgage on • the Unit; and 14.3-3 liens forreal estate taxes and other governmental assessments levied against the Unit. -10- 4110 410 If a first mortgage on a Unit is foreclosed, the first mortgage was recorded after June 1, 1994 , and no Owner redeems the Unit from foreclosure during the period of redemption provided for in Minnesota Statutes Chapters 580, 581 or 582, the holder of the Sheriff' s Certificate of Sale from the foreclosure of the first mortgage shall take title to the Unit subject to unpaid assessments for Common Expenses to the extent provided for in Minnesota Statutes Section 515B.3-116 . In general, Minnesota Statutes Section 515B. 3-116 states that the holder of the Sheriff' s Certificate of Sale from the foreclosure of the first mortgage shall take title to the Unit subject to unpaid assessments for Common Expenses which become due, without acceleration, during the six (6) months immediately preceding the first day following the end of the Owner' s period of redemption, except for Common Expenses levied pursuant to Sections 2 (e) , 2 (f) and 2 (h) of Article V of the Bylaws . 14 .4 Proceedings to enforce an assessment shall be instituted within three (3) years after the last installment of the assessment becomes payable, or shall be barred. 14 .5 The Board may foreclose the Association' s lien for assessments in like manner as a mortgage of real property containing a power of sale pursuant to Minnesota Statutes Chapter 580, or by action pursuant to Minnesota Statutes Chapter 581. The Association shall have a power of sale to foreclose the lien pursuant to Minnesota Statutes Chapter 580 . The period of redemption for Unit Owners shall be six (6) months from the date of sale. • 15. Maintenance of Units and Common Elements; Unit Improvements and Alterations; and Relocation of Boundaries Between Units. 15 .1 Each Owner shall maintain and keep the Owner' s Unit in good order and repair, at the Owner' s sole cost and• expense. The Association shall maintain, repair and replace the Common Elements, including the Limited Common Elements. • The cost of maintaining, repairing and replacing Common • Elements shall be a Common Expense. The Association shall promptly repair any damage to a Unit resulting from work which the Association or its agents perform. Each Owner shall promptly report to the Association the need for any maintenance or repairs which are the Association' s responsibility. Each Owner shall be responsible for any and all damage to any Units or any of the Common Elements resulting from the Owner' s failure to promptly perform necessary maintenance and repairs to the Owner' s Unit. 15 .2 The Association shall have access through and into each Unit for purposes of performing maintenance, repair or replacement for which the Association may be responsible. The Association and any public safety personnel shall also have access for purposes of abating or correcting any condition in the Unit which violates any governmental law, ordinance or regulation, which may cause -11- S • material damage to or jeopardize the safety of the Common Interest Community or which may constitute a health or safety hazard for occupants of Units . • 15 . 3 An Owner may make any improvements or alterations to the Owner' s Unit that do not impair the structural . integrity or mechanical systems, affect the Common Elements or lessen the support of any portion of the Common Interest Community. An Owner making improvements or alterations to the Owner' s Unit shall make prior arrangements with the Association to insure that other Owners are not disturbed, that the Common Elements are not damaged and that the Common Elements and other Units are protected against mechanic' s liens . The Association has the authority to make improvements to or on the Common Elements, subject to the provisions of Section 13 , Article III of the Bylaws. 15 .4 An Owner obtaining title to an adjoining Unit may remove or alter any intervening partition or create • apertures therein as provided for in Minnesota Statutes • Section 515B.2-113 (b) . Owners of adjoining Units may • relocate the boundary between the adjoining Units pursuant • to Minnesota Statutes Section 515B.2-114 . 16. Easements. 16.1 Declarant declares and grants non-exclusive -- "easements in gross to and for the benefit of the City of Oak .-, >'Park Heights, and any other party which provides the __ *services hereinafter •described,;.for utility .purposes, _including the right_to;.install,: lay, maintain,':xepairand ' ,replace -watermains 'and:pipes, .sanitary,and_storm.sewer lines, gas mains, :telephone wires -and equipment,;:-and - - R *electrical conduits, wires ;'and `equipment .over,%rider, along • 'hand on any part of the'Common Elements. The City of Oak Park Heights has informed Declarant that it is the City' s 3 ? present intention to maintain watermains **" in diameter or larger, and related fittings, and sanitary sewer lines **" in diameter or larger, and related fittings. The City has indicated that it will consider watermains smaller than **" - in diameter and related fittings, and sanitary sewer lines • smaller than **" in diameter and related fittings, to be • privately owned and the City will not maintain those portions of the utility lines. The privately owned portions of the utility lines are Common Elements which the Association is obligated to maintain. 16 .2 Declarant declares and reserves a non-exclusive easement for the benefit of Declarant, its employees, servants and agents, for ingress and egress over and upon the Common Elements (including the Limited Common Elements) described herein or created out of Additional Real Estate hereinafter included in the Common Interest Community for the purposes of laying foundation for and otherwise • constructing Units in the Common Interest Community or on the Additional Real Estate and for completing landscaping of the Common Elements and the Limited Common Elements appurtenant to the Units; .provided, however, that the -12- • easements herein described shall terminate no later than sixty (60) days after completion by the Declarant of the construction of all Units in the Common Interest Community . and on the Additional Real Estate and all landscaping of the Common Elements and the Limited Common Elements appurtenant to the Units now or hereafter constructed pursuant to this Declaration. 16 .3 Each Unit and its respective Owner(s) shall be subject to and shall have appurtenant thereto a permanent non-exclusive easement in the Common Elements for ingress to and egress from the Units; utility services and support for the Units; and maintenance and repair of the Units and the Common Elements and for similar purposes . The Units and the Common Elements shall be subject to an easement for any encroachments resulting from the construction, reconstruction, repair, shifting, settlement or other movement of Units and Common Elements . 16 .4 The easements and rights described in Section • 16 .3 are appurtenant easements and shall run with the land. The easements described herein shall unure to the benefit of • and binding on the Declarant, its successors and assigns, and any Owner, purchaser, mortgagee or other person having an interest in said land, or any part or portion thereof. 17:. Insurance. 17.1 Each Owner shall be responsible for insuring the Owner' s personal property against casualty loss and insuring the Owner against personal liability to the extent that the liability insurance which the Board obtains for all Owners ' does not provide coverage. Each Owner shall promptly report all improvements or betterments to his or her Unit in writing to the Board. The Board may, but is not obligated to, obtain insurance on improvements or betterments to a Unit. If the Board obtains insurance on improvements or betterments to a Unit, the Board may assess the Units for • • any additional insurance premiums attributable to such improvements or betterments. Owners shall be responsible for any deficiency in insurance loss recovery resulting from his or her failure to notify the Board of improvements or betterments. The Board may, in the case of a claim for damage to a Unit or Units: pay the deductible as a Common Expense; assess the deductible against the Units affected in any reasonable manner or require the Owners of the affected Units to pay the deductible amount directly to the Board. 17 . 2 The Board shall obtain insurance for the Common Interest Community as follows : 17 .2-1 A master or blanket policy of insurance on the Common Interest Community, including the Units, the Common Elements and personal property belonging to the . Association, for broad form covered causes of loss, including all hazards normally covered by the standard extended coverage endorsement and the standard "all risk" endorsement. The policy shall include the -13- • • following endorsements : an inflation guard endorsement, when it can be obtained, if there is a construction code provision that would require changes to undamaged portions of the buildings even when only part of a building is destroyed, a construction code endorsement; and if the Common Interest Community has central heating or cooling, a steam boiler and • machinery coverage endorsement providing for the insurer' s minimum liability per accident. to at least equal the lesser of $2, 000, 000 or the insurable value of the buildings housing the boiler or machinery. The policy may also include the following endorsements : demolition costs endorsements, contingent liability from operation of building laws endorsement, increased costs of construction endorsement and an endorsement to provide for the payment of annual assessments for damaged Units during the period of reconstruction. The insurance shall be in an amount not less than the full insurable replacement cost of the Units and the Common Elements at the time the insurance is purchased and at each renewal date, exclusive of items normally excluded from property insurance policies and subject to a "deductible" in an amount which the Board deems reasonable, but which does not exceed the lesser of $10, 000 or one percent (1%) of the policy' s face amount . The Board shall obtain this insurance from a carrier that has a B general policyholder' s rating or a financial performance index of 6 or better in the Best' s Key Rating Guide or an A or better rating from Demotech, Inc. 17.2-2 Commercial general public liability I insurance on an occurrence basis against claims and liabilities arising in connection with the ownership, • existence, use or management of the Common Interest Community insuring the Board; the Association; all persons acting as agents, including the management • agent; and their respective employees and agents. Each • Owner and each Secured Party shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use or management of the Common Elements or membership • in the Association. The . Declarant shall be included as an additional insured in its capacity as an Owner. The Declarant' s employees shall be included as additional insureds in their capacity as Board members. The public liability insurance shall afford protection in aggregate limits as the Board shall deem desirable, but in no event for less than $1, 000, 000 with respect to liability for bodily injury or property damage arising out of a single accident. The insurance policy shall • contain a "severability of interest" endorsement and a contractual liability endorsement. • 17 .2-3 If the Secretary of Housing and Urban • Development or any local governmental body or bodies shall determine that the Common Interest Community is in a special flood hazard area (which is designated A, • -14- • • AE, AH, AO, Al-30, A-gg, V, VE or V1-30 on a Flood Insurance Rate Map) , flood insurance in such amounts as the Board shall deem desirable, but in no event shall . such amounts be less than required by the FHA, VA or FNMA. 17.2-4 A fidelity bond, naming the Association as • • Obligee and containing a waiver of defense based on the exclusion of persons who serve without compensation, for the Association' s directors, officers and management agent and any other person handling the funds of the Association, in an amount of at least equal to one hundred fifty percent (150%) of the total annual budget for the Common Interest Community, or a policy of insurance insuring the Association against loss of damage from employee dishonesty. 17.2-5 Such other insurance (including insurance with respect to officers' and directors' liability) in such reasonable amounts as the Board shall deem • desirable. - 17.3 The insurance policies carried pursuant to --Sections -17.2-1 and 17.2-2 shall provide- that: 17.3-1 The insurer waives its right to subrogation under the policy against any Owner or members of the Owner' s household and against the Association and members of the Board; 17.3-2 No act or omission of an Owner or Secured Party shall void the policy or be a condition to ( recover the policy unless the Owner is acting within the. scope of authority on behalf of the Association; • 17.3-3 If, at the time of a loss under the policy, there is other insurance in the name of an Owner covering the same property which the Association' s policy covers, the Association' s policy is primary insurance; 17.3-4 The policy of insurance described in Section 17.2-1 shall show the Association as the named insured and, shall contain a standard mortgagee clause naming all holders of first mortgages on Units. The "loss payable" clause shall show the Association as trustee for each Owner and Secured Party; 17.3-5 The policy of insurance described in Section 17 .2-1 shall provide that notwithstanding any provision thereof which gives the insurer an election to restore damage in lieu of making a cash settlement therefor, such option shall not be exercisable in the event the Owners elect to sell the Common Interest Community or remove the Common Interest Community from the provisions of the Act; 17.3-6 Shall contain an endorsement obligating -15- • • the insurer to provide at least thirty (30) days written notice to the Association, each Owner, each mortgagee and any insurers or guarantors of a first • mortgage on a Unit prior to cancellation, including cancellation for nonpayment of premiums . 17 .3-7 Shall obligate the insurer to issue • certificates or memoranda of insurance, upon request, to any Owner or Secured Party. The Association shall obtain all policies of insurance provided for in this Section 17 from insurers of recognized responsibility authorized to do business in the State of Minnesota. 17 .4 The Board shall adjust any loss covered under the policy described in Section 17.2-1 with the insurer. Insurance proceeds payable as a result of that loss shall be payable to the Board or to a bank or trust company authorized to accept and execute trusts in the State of Minnesota which the Board has designated to act as trustee for the Board pursuant to the Act for the purpose of collecting and disbursing insurance proceeds (the Insurance Trustee" ) The Insurance Trustee or the Board shall hold any insurance proceeds in trust for Owners and as Secured Parties as their interest may appear. The Board or the Insurance Trustee shall apply the insurance proceeds, less the actual cost, fees and expenses, if any, incurred in connection with the adjustment of the loss and the fees of the Insurance. Trustee, if any, to the payment of the cost of 'restoring the Common Interest Community pursuant to Section 18 . The Board and the Insurance Trustee may, prior or subsequent to any such loss, enter into an insurance trust agreement further implementing the provisions of the Act and this Declaration with respect to the Insurance Trustee' s collection and disbursement of the insurance proceeds . Owners and Secured Parties are not entitled to receive any . • portion of the insurance proceeds unless there is a surplus of proceeds after the Common Elements and Units have been completely repaired or restored, or the Owners and the first mortgagees terminate the Common Interest Community pursuant to Section 20 . 18 . Reconstruction and Repair of Common Interest Community. 18 . 1 The Association shall promptly repair or replace any portion of the Common Interest Community that is damaged or destroyed as the result of a loss which the Association' s insurance covers unless : 18 .1-1 The Common Interest Community is terminated pursuant to Section 20 below; or 18 . 1-2 Repair or replacement would be illegal under any state or local health or safety statute or ordinance; or -16- • 18 .1-3 Eighty percent (80%) of the Owners, including every Owner and first mortgagee of a Unit or assigned Limited Common Element which will not be rebuilt, vote not to repair or rebuild. 18 .2 The cost of repairs or replacements of the Common Interest Community in excess of insurance proceeds and reserves shall be a Common Expense. 18 .3 If less than the entire Common Interest Community is repaired or replaced: 18 .3-1 Insurance proceeds attributable to a damaged Common Element shall be used to restore the damaged Common Element to a condition compatible with the remainder of the Common Interest Community; 18 .3-2 The insurance proceeds attributable to Units and Limited Common Elements which are not rebuilt shall be distributed to the Owners of those Units and the Secured Parties of those Units, including the Units to which the Limited Common Elements were assigned, as their interests may appear; and 18 .3-3 The remainder of the proceeds shall be distributed to all Owners and Secured Parties as their interests may appear in proportion to their Fractional Allocation. 18 .4 If the Owners and holders of a first mortgage • vote not to rebuild a Unit, that Unit' s Fractional Allocation is automatically reallocated •uuon the vote, as if the Unit has been condemned and the Association shall promptly prepare, execute and record an Amendment to the Declaration reflecting the reallocation. The Association membership attributable to the Unit and the corresponding voting right shall terminate. • 18 .5 If all or a portion of the Common Interest Community is damaged or destroyed and the decision is made to rebuild all or a portion of the Common Interest Community, all construction and repairs shall be substantially in accordance with the original construction plans and specifications. An insurance trustee appointed pursuant to Section 17 .4 above may rely upon the Certificate of the Board stating whether the damaged property is to be reconstructed or repaired. The Association, upon request of the insurance trustee, shall deliver such Certificate as soon as is practical. All repairs, reconstruction or replacement required by the Board shall be completed at the direction of the Board as soon as is practical and according to the terms of this Declaration. Immediately after the casualty causing damage to the property for which the Board has the responsibility of repair, reconstruction and replacement, the Board shall obtain reliable and detailed estimates of the cost to restore the damaged property to its prior condition. Such cost may include professional fees and bond premiums as the Board may determine. -17- 411 111 19 . Waiver of Claims . The Association shall make no claim against any Owner or family member, tenant or guest of an Owner and no Owner or family member, tenant or guest of an Owner, shall make a claim against the Association, the Board, the Managing Agent or another Owner or the family member, tenant or guest of another Owner, for any loss or damage to the Common Elements, the Units or any personal property resulting from the Association' s negligence or such other person' s negligence to the extent that the damaged party is compensated for such loss or damage from available insurance proceeds. Nothing herein shall be deemed a waiver of claims for the portion of the loss or damage subject to a "deductible" or otherwise not recoverable from available insurance proceeds, and nothing herein shall be deemed a waiver of claims for intentionally tortious acts . 20.. Termination. The Common Interest Community may be terminated, in whole or in part, only by the affirmative vote of eighty percent (80%) of the Owners, and the consent of at least eighty percent (80%) of the first mortgagees of the Units (each mortgagee having one vote per Unit financed) . A11 procedures, appraisals and disposition of proceeds following any termination of the Common Interest Community shall be governed by the • applicable provisions of the Act. 21. Eminent Domain. The provisions of the Act shall govern and apply to any taking by eminent domain of any portion of the Common Interest Community. 22 . Rights of First Mortgagees and Insurers and Guarantors of First Mortgages . • 22 .1 A holder, insurer or guarantor of a first mortgage, upon written request to the Association (which request must state the name and address of the holder, insurer or guarantor and the Unit number subject to the mortgage held, insured or guaranteed) shall be entitled to receive timely written notice from the Association of: 22 .1-1 Any proposed amendment of a Declaration of Articles of Incorporation or Bylaws resulting in a change in the boundaries of a Unit or a Limited Common Element; the percentage undivided interest in the Common Elements appurtenant to any Unit; any Unit' s Common Expense Allocation; any change in the Limited Common Elements assigned to a Unit; number of votes in the Association allocated to any Unit; or any chance in the use or uses to which a Unit or Common Element is restricted; 22 .1-2 Any proposed termination of the Common Interest Community; 22 .1-3 Any condemnation loss or any casualty loss which affects a material portion of the Common Interest. Community or which affects the Unit subject to the holder' s insurer' s or guarantor' s mortgage; -18- 411 22 .1-4 Any delinquency in the payment of annual or special assessments by an Owner of the Unit subject to the holder' s, insurer' s or guarantor' s mortgage where the delinquency is continued for a period of sixty (6 0) days; 22 . 1-5 Any lapse, cancellation or material modification of the insurance provided for in Section 17 .2; and 22 .1-6 Any proposed action that requires the consent of a specified percentage of eligible mortgage holders. 22 . 2 Each first mortgagee of a Unit or an insurer or guarantor of such first mortgagee shall have the right to • examine the Project Documents, and the books, records and financial statements of the Association during normal • business hours and shall have the right to receive an audited annual financial statement of the Association within ninety (90) days following the end of any fiscal year of the • Association. 23 . Amendment. Except for amendments which the Declarant may execute to add Additional Real Estate to the Common Interest Community; amendments which Owners may execute to relocate the boundaries between adjoining Units pursuant to Minnesota Statutes Section 515B.2-114, or a termination of the Common .Interest Community pursuant to Minnesota Statutes Section 515B.2-119, this Declaration, including the Common Interest Community Plat, may be amended upon a vote of the Owners of sixty-seven percent (67%) of the Units and the mortgagees holding fifty-one percent (51%) of a recorded first mortgage against a Unit, provided, however, that an amendment which creates or increases Special Declarant Rights, increases the number of Units, changes the boundaries of any Unit, changes the Fractional Allocation of a Unit, changes Common Elements to Limited Elements or changes the authorized use of a Unit from residential to non-residential, requires unanimous written consent of all Owners and sixty-seven percent (67%) of the holders of a recorded first mortgage against the Units. 24 . Compliance with Provisions. The Association and each Owner or tenant shall comply strictly with the provisions of the Project Documents as the same may be amended from time to time. Failure to comply shall be grounds for an action to recover sums due for damages or injunctive relief, such suit to be maintained by the Board, or in a proper case, by an aggrieved Owner. The defaulting party shall be liable for costs and attorneys' fees incurred in such suit by the complaining party. 25 . General Provisions. 25 . 1 Notices. 25 .1-1 Notices provided for in this Declaration and in the Act shall be in writing and shall be addressed to the Board or Association at the address of -19- 411 the Association' s registered office, or any Owner, at the address of the Owner' s Unit . Any. Owner may designate a different address or addresses for notices to him by giving written notice of his change of address to the Board. Notices addressed as above shall be effective upon hand delivery or upon mailing properly addressed with postage prepaid and deposited in the United States mail. 25 .1-2 Notices required to be given to any devisee, heir or personal representative of a deceased Owner may be delivered either personally or by mail to such party at his or its address appearing in the records of the court wherein the estate of such deceased Owner is being administered. 25 .2 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation of a first class Common Interest Community. • 25 .3 Number. Gender. In construing the Common .Interest Community Documents, the singular shall be taken to include the plural, and masculine to denote the feminine wherever appropriate. 25 .4 Covenants Running With the Land. All covenants described herein are covenants running with the land, and so long as the Common Interest Community is subject to the provisions of the Declaration, shall remain in full force and effect. 25 .5 Conflicts. In the event of any conflict between this Declaration and one or more of the other Project Documents, the terms of this Declaration shall control. 25 . 6 Severability. If any provision of the Declaration or any section, sentence, clause, phrase or • word, or the application thereof in any circumstances, is held invalid, the validity of the remainder of the • Declaration and of the application of any such provision, section, sentence, clause, phrase or word in any other • circumstances shall not be affected thereby. 25 . 7 Failure to Enforce Not a Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same. • -20- Ali 0111 lg. IN WITNESS WHEREOF, the Declarant has executed this Declaration this day of , 1994 . VALLEY VIEW CONDOMINIUMS WEST, a Minnesota Corporation By: Its : STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this day of , 19_, by of , a Minnesota corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LAWSON, MARSHALL, McDONALD & GALOWITZ, P.A. Lawyers 3880 Laverne Avenue North Lake Elmo, Minnesota 55042 Telephone: (612) 777-6960 JSM -21- • EXHIBIT G • • • 3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST.PAUL,MN 55110 612 490.2000 800 325-2055 ® ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION September 26, 1994 RE: Jack Krongard Construction • Valley View Estates Oak Park Heights, Mn. Hydrologic Analysis SEH No. A-KRONG9501 Mr. Tim Fredbo Washington County SWCD 1825 Curve Crest Boulevard Room 101 Stillwater, MN 55082 Dear Tim This letter provides a summary of our hydrologic analysis recently completed on the Valley View Estates (VVE) project.We have broken the letter into four sections entitled watershed discussion, analysis approach, water quality and recommendations. WATERSHED DISCUSSION Identification of the watershed was based on the mapping obtained as part of the Perro Creek Minor Watershed study recently completed for the Middle St. Croix Watershed Management Organization. In order to analyze the specific impacts of this development watershed 0-19 was broken into five separate subwatersheds based on the grading plan provided for the VVE project. Watershed boundaries are shown on drawings.1 and 2. Subwatershed 19-1 is located in the northwest corner of the development and represents the runoff from the new apartments. This area will drain to the open areas next to 58th Street North and Osman Avenue. The runoff will ultimately enter the existing storm sewer system about 350 feet east of the intersection of 58th Street and Osman Avenue. Subwatershed 19-2 is the area tributary to Ozark Avenue N. just south of 58th Street North. Discussion with NSP indicated that the top of slope for a pond could be located within 25 feet of the transmission tower foundations. However, a pond at this location would provide little storage without the loss of at least one lot. Locating a detention basin in this area may also have a groundwater impact on the basements just south of the basin. Subwatershed 19-3 drains a major portion of VVE as well as a significant area south of the proposed development. The outlet structure for this subwatershed is a beehive catch basin located just west of the sanitary sewer berm at the southeast corner of the development. The area around the beehive catch basin acts as a small detention ponding at the present time. This catch basin drains directly into the existing city storm sewer system. SHORT ELLIOTT HENDRICKSON INC. MINNEAPOLIS,MN ST CLOUD,MN CHIPPEWA FALLS,WI MADISON,WI _ • Mr. Tim Fredbo September 26, 1994 Page 2 —Subwatershed 19-4 comprises of a larger portion of the existing residential area to the south of the proposed development. It also collects runoff from a portion of the city park land. The outlet for the watershed is a beehive catch basin located on the 36-inch storm sewer along the south side of the VVE project site. This low area appears to be a potential ponding site. Subwatershed 19-5 is comprised of the remainder of watershed 0-19. This area remains unchange except for a small portion of area in the backyards of the townhomes located along Ozark Avenue North. Outlet for the subwatershed is the 36 inch storm sewer located at the south end of the VVE development. The storm sewer system collects water from west of County Road 67 (Osgood Avenue), subwatershed 19-1, 19-2, 19-3, 19-4 and 19-5. Water collected in the system is then discharged into the prison pond. • ANALYSIS APPROACH • Existing Conditions Our approach consisted of initially verifying the existing conditions and then defining the proposed conditions based on the VVE grading plan. During our site visit we determined that detention basins could be constructed in subwatershed 19-1 and that small detention basins exist in subwatersheds 19-3 and 19-4. Flow from the basins at 19-3 and 19-4 is controlled by the height of the downstream berm above the existing catch basin casting. Minor modifications were made to the existing conditions Hydrocad model developed as part of the Perro Creek study. Results from this simulation were used to define predeveloped conditions for the VVE project site. A summary of the simulation results are shown on table 1. The culvert routine within the Hydrocad program shows that the basin at 19-3 will not surcharge during the 100-year storm. However, 194 will surcharge and overtop the small berm located just down stream. Proposed Development Proposed land use changes were incorporated into the model and the watershed was subjected to a 100-year storm. Proposed conditions include a detention basin within area 19-1, 19-3 and 194. Top elevation of the berm on the east side of basin 19-4 has been raised about four feet to prevent overtopping in this simulation. Results from this simulation are shown in Table 1. Comparison of the results shows the increase in flow due to the proposed development to be about 20 cfs. However, the flow rate leaving the site in the existing 36 inch storm sewer is equal to the existing conditions rate. Since the watershed is controlled by the storm sewer, which can only discharge a limited amount of water, the addition rate increase caused by land use changes is stored throughout the watershed or in the ponds located in areas 19-1 and 19-4. This watershed storage creates a condition which keeps the overall watershed discharge rate for the proposed development equal to that of the existing watershed. Discharge rate at the prison pond outlet is almost identical for existing conditions as well as the proposed development. 4i411 Mr. Tim Fredbo September 26, 1994 Page 3 -WATER QUALITY Construction activities include installation of a silt fence around the project limits and hay bales at the catch basins to improve the quality of water leaving the site Most of the runoff from the development travels overland prior to entering the storm sewer. This overland flow process removes many of the pollutants within the surface runoff. Construction of snow storage areas minimizes dispersal of winter pollutants. The two areas proposed by the developer for snow storage should be built so the bottom of the area is about 6" lower than the storm sewer outlet. This construction technique keeps large sediment particles in the basin and out of the storm sewer. Infiltration of the snow melt into the native soils reduces the water elevation in the spring or during rainfall events. All other areas within the watershed are connected directly to the storm sewer system. Since the system was built before sediment ponds were incorporated into area developments, there appear to be no areas that allow adequate space for construction of a sediment pond. Most of the area is already developed and as such, treatment of the new areas will have little impact on the overall watershed pollutant loads. RECOMMENDATIONS 1. Lowest floor elevations within the WE project should be at least one and one-half feet . - above the top of the earth berm(s) over the storm sewer. 2. Construct a detention basin in subwatershed 19-1 and raise the berm at the existing basin in subwatershed 19-4 (Design of the berm modifications are not included in this hydrologic analysis). 3. Construct snow storage areas at locations shown on drawing 2. Note: Snow storage areas and detention basins may temporarily raise the local ground water levels. The computer runs are attach for your review. If you have any questions you may contact Jeff Davis at 490-2025 of me at 490-2026. Sincerely • Rocky J. eehn Project Engineer cih Enclosure i . • Table 1 Valley View Estates Oak Park Heights, MN Existing Proposed Location Conditions Development Areas 19-1 82 8.3 19-1, 19-2, 19-3 47.0 60.2 19-5 6.2 7.0 Qout at 194 132.0 130.5 HW at 19-4 8283 830.5 Qout at Prison Pond 100.4 101.6 HW at Prison Pond 7483 7483 " Data for PERRO CRK EX COREVISED FOR DEV. 0 Page 10 Prepared by Applied Micro uter Systems 21 Sep 94 HvdroCAD 3 .20 000569 (c) 1986-1994 Applied Microcomputer Systems POND ROUTING BY STOR-IND METHOD POND OUTLET START FLOOD PEAK PEAK ---PEAK FLOW--- NO. DEVICES ELEV. ELEV. ELEV. STORAGE Qin Qout ATTEN. LAG (FT) (FT) (FT) (AF) (CFS) (CFS) (%) (MIN) 22 1 744 . 6 752 . 0 748 .3 163 . 54 581.4 100 .4 83 671. 4 . 0 ‘SA fiqd . - —- A. R) - te• . ... ... . .• o Ssissmavy I% (�1 IVw CZ Ells 1 47. 0 6. Z peorOs6 13.7 7. o ..,._. Apo (oNv..oL 4 6$1" 131.8 000.o plume 130. $ hi 'msg..) staS'1 /00 .4- !A " 00 •+ Data for FERRO CRR EX CO REVISED FOR DEV. Page 11 Prepared by Applied puter Systems 21 Sep 94 HvdroCAD 3 . 20 000569 (c) 1986-1994 Applied Microcomputer Systems POND 22 0-22 PRISON POND STARTING ELEV= 744. 6 FT FLOOD ELEV= 752 . 0 FT ELEVATION CUM.STOR STOR-IND METHOD (FT) (AF) PEAK ELEVATION= 748.3 FT 744 . 6 0. 00 PEAK STORAGE = 163 . 54 AF 746. 0 43 .79 Qin •= 581.4 CFS @ 10 .34 HRS 748 . 0 145 . 85 Qout= 100.4 CFS @ 21.53 HRS 750 . 0 261. 80 ATTEN= 83 % LAG= 671.4 MIr 752 . 0 389. 69 IN/OUT= 261.43 / 139 .21 AF SPAN= 5-36 HRS, dt=.31 HRS INVERT (FT) OUTLET DEVICES 0.0 EXISTING OUTLET 747.5 OVERFLOW ELEV(FT) DISCH(CFS) 744.6 0.00 • 745.0 5.00 746.0 10.00 747 . 0 15.00 747. 5 16.00 748.0 80.00 748.3 100.00 TOTAL ^T'`^T.::..,,tr 1 .. ) vs ELEVATION FEET 0.0 . 1 .2 .3 .4 .5 .6 .7 .8 .9 744.6 0. 0 1.3 2.5 3 .7 5. 0 5.5 6. 0 6.5 7.0 7. 5 745 . 6 8.0 8. 5 9.0 9.5 10.0 10. 5 11. 0 11.5 12. 0 12.5 746.6 13.0 13 .5 14.0 14. 5 15 . 0 15.2 15.4 15.6 15.8 16.0 747.6 28. 8 41..6 54.4 67 .2 80 .0 86.7 93 .3 100.0 106.7 113 .3 748.6 120.0 126.7 133 .3 140. 0 146.7 153 .3 160. 0 166.7 173 .3 180. 0 749.6 186.7 193 .3 200.0 206.7 213 .3 220. 0 226.7 233 .3 240.0 246.7 750. 6 253 .3 260. 0 266.7 273 .3 280 . 0 286.7 293 .3 300.0 306.7 313 .3 751. 6 320.0 326.7 333 .3 340. 0 346 .7 Data for FERRO CRTC EX COND REVISED FOR DEV. Page 1 Prepared by Applied Microc�uter Systems • 21 Sep 94 HvdroCAD 3 .20 000569 (c) 1986-1994 Applied Microcomputer Systems RUNOFF HY SCS TR-20 METHOD: TYPE I 24-HOUR RAINFALL- 5.9 IN, SCS U.H. RUNOFF SPAN - 5-36 HRS, dta .31 HRS, 101 POINTS SUBCAT AREA Tc WGT'D PEAK Tpeak VOL NUMBER (ACRE) (MIN) --GROUND COVERS (%CN) -- CN C (CFS) (HRS) (AF) 191 5 .29 23 . 0 40%88 60%69 - - 77 - 8.2 10. 02 1. 50 192 8 . 90 18. 5 77%88 23%60 - 81 - 17 .3 9. 98 2. 81 193 22 .33 30 . 9 16%88 40%60 37%72 6%90 71 - 23 . 0 10.18 5 .24 194 10. 81 21.0 0%00 9%60 91%72 - 71 - 14. 0 10.01 2.54 195 ' 13 . 61 65.8 89%60 11%72 - - 61 - 6.2 10.67 2 .20 Data for PERRO CRK EX CO REVISED FOR DEV. Page 2 Prepared by Applied MicrodIODuter Systems 21 Sep 94 HvdroCAD 3 .20 000569 (c) 1986-1994 Applied Microcomputer Systems REACH ROUTING HY STOR-IND METHOD REACH BOTTOM SIDE PEAK TRAVEL PEAK NO. DIAM WIDTH DEPTH SLOPES n LENGTH SLOPE VEL. TIME Qout (IN) (FT) (FT) (FT/FT) (FT) (FT/FT) (FPS) {MIN) (CFS) 193 - - - - - - - - 0 . 0 0 . 0 47 . 0 N Data for FERRO CRK EX CONDAIREVISED FOR DEV. • Page 3 Prepared by Applied Microcileuter Systems 21 Sep 94 HvdroCAD 3 .20 000569 (c) 1986-1994 AAplied Microcomputer Systems POND ROUTING HY STOR-IND METHOD POND OUTLET START FLOOD PEAK PEAK ---PEAK FLOW--- NO. DEVICES ELEV. ELEV. ELEV. STORAGE Qin Qout ATTEN. LAG (FT) (FT) (FT) (AF) (CFS) (CFS) (%) (MIN) 191 0 0 . 0 0 .0 0. 0 0 . 00 8.2 8 .2 0 0 . 0 N 192 0 0 . 0 0 . 0 0 . 0 0 . 00 25. 5 25. 5 0 0 . 0 N 193 2 839.9 856. 0 849 .4 . 05 120.3 120.7 0 . 6 194 2 819 .8 840.0 828.3 .23 129 .9 131. 8 0 3 . 1 • Data for PERRO CRA EX COND REVISED FOR DEV. Page 4 Prepared by Applied Microc ter Systems 110 21 Sep 94 MvdroCAD 3 .20 000569 (c) 986-1994 Applied Microcomputer Systems SUBCATCHMENT 191 AREA 19-1 (PART OF OLD 19) ACRES CN 2 . 12 88 B SOIL, APTS SCS TR-20 METHOD 3 . 17 69 B SOIL, OPEN TYPE I 24-HOUR 5.29 77 RAINFALL= 5.9 IN PEAK= 8.2 CFS t 10 . 02 HRS VOLUME= 1. 50 AF SPAN= 5-36 HRS, dt=.31 HRS Method Comment Tc (min) TR-55 SHEET FLOW Segment ID: 20. 6 Grass: Short n=. 15 L=300' P2=2 .8 in s=. 0333 ' / ' SHALLOW CONCENTRATED/UPLAND FLOW Segment ID: 2 .4 Unpaved Kv=16 . 1345 L=400 ' s=. 03 ' / ' V=2.79 fps Total Length= 700 ft Total Tc= 23 . 0 SUBCATCHMENT 192 AREA 19-2 (PART OF OLD 19) ACRES CN 6.81 88 B SOIL, APTS SCS TR-20 METHOD 2 . 09 60 B SOIL, WOODS TYPE I 24-HOUR 8 .9(1..., 81 RAINFALL= 5.9 IN PEAK= 17 .3 CFS C 9.98 HRS VOLUME= 2.81 AF SPAN= 5-36 HRS, dt=.31 HRS Method icommgnt Tc (min) TR-55 SHEET FLOW Segment ID: 10 .5 Grass: Short n=.15 L=100' P2=2.8 in s=.02 ' / ' SHALLOW CONCENTRATED/UPLAND FLOW Segment ID: 5:7 Paved Kv=20.3282 L=700' s=.01 ' / ' V=2 .03 fps DIRECT ENTRY 700FT/5FT/SEC 2 .3 Total Length= 800 ft Total Tc= 18. 5 SUBCATCHMENT 193 AREA 19-3 (PART OF OLD 19) ACRES CN 3 . 66 88 B SOIL, APTS SCS TR-20 METHOD 9. 01 60 B SOIL, WOODS TYPE I 24-HOUR 8.32 72 B SOIL, 1/3 RES RAINFALL= 5.9 IN 1.34 90 B SOIL, HIGHWAY PEAK= 23 .0 CFS g 10.18 HRS 22 .33 71 VOLUME= 5.24 AF SPAN= 5-36 HRS, dt=.31 HRS Method Commend Tc (mint TR-55 SHEET FLOW Segment ID: 25 .2 Grass: Short n=.15 L=300 ' P2=2 .:8 in s=. 02 ' / ' SHALLOW CONCENTRATED/UPLAND FLOW Segment ID: .7 Unpaved Kv=16 . 1345 L=100 ' s=. 02 ' / ' V=2 .28 fps DIRECT ENTRY 1500' AT 5FT/SEC 5 . 0 Total Length= 400 ft Total Tc= 30 . 9 Data for' PERRO CRK EX CON]) REVISED FOR DEV. Page 5 Prepared by Applied Microcallguter Systems 21 Sep 94 HvdroCAD 3 . 20 000569 (c) 1986-1994 Applied Microcomputer Systems SUBCATCHMENT 194 AREA 19-4(PART OF OLD AREA 19) ACRES CN 0. 00 0 SCS TR-20 METHOD .93 60 B SOIL, WOODS TYPE I 24-HOUR 9. 88 72 B SOIL, 1/3 RES RAINFALL= 5.9 IN 10 . 81 71 PEAK= 14. 0 CFS @ 10. 01 HRS VOLUME= 2. 54 AF SPAN= 5-36 HRS, dt=.31 HRS Method Comment Tc (min) TR-55 SHEET FLOW Segment ID: 16.3 Grass: Short n=. 15 L=300' P2=2. 8 in s=. 06 ' /' SHALLOW CONCENTRATED/UPLAND FLOW Segment ID: 3 .0 Unpaved Kv=16. 1345 L=700' s=.06 ' /' V=3 .95 fps DIRECT ENTRY 500FT/5 FT/SEC 1.7 Total Length= 1000 ft Total Tc= 21. 0 SUBCATCHMENT 195 AREA 19-5 (PART OF OLD 19) ACRES CN 12.08 60 B SOIL, WOODS SCS TR-20 METHOD 1. 53 - 72 B SOIL, 1/3 RES TYPE I 24-HOUR 13 .61 ',.61 RAINFALL= 5.9 IN PEAK= 6.2 CFS @ 10.67 HRS VOLUME= 2.20 AF SPAN= 5-36 HRS, dt=.31 HRS Method Comme ,t Tc (min) TR-55 SHEET FLOW Segment ID: 59.5 Woods: Dense underbrush n=.8 L=300' P2=2 .8 in s=.0667 '/ ' SHALLOW CONCENTRATED/UPLAND FLOW Segment ID: 6.3 Woodland Kv=5 L=500' s=.07 ' / ' V=1.32 fps • Total Length= 800 ft Total Tc= 65.8 +Data for FERRO CRR EX COND REVISED FOR DEV. Page 6 Prepared by Applied Microc�uter Systems 40 21 Sep 94 HydroCAD 3 .20 000569 (c) T986-1994 Applied Microcomputer Systems REACH 193 DEPTH END AREA DISCH Not described (FT) (SO-FT) (CFS) - METHOD PEAK DEPTH= 0.00 FT PEAK VELOCITY= 0.0 FPS TRAVEL TIME = 0. 0 MIN Qin = 47 . 0 CFS @ 10 . 05 HRS Qout= 47 . 0 CFS 4 10.05 HRS ATTEN= 0 % LAG= 0.0 MIN IN/OUT= 9. 55 / 9 .55 AF SPAN= 5-36 HRS, dt=.31 HRS , Data for FERRO CRR EX CONDREVISED FOR DEV. Page 7 Prepared by Applied Microuter Systems 21 Sep 94 ivdroCAD 3 .20 000569 (c) 986-1994 Applied Microcomputer Systems POND 191 STARTING ELEV= 0.0 FT Not described FLOOD ELEV= * 0.0 FT ELEVATION CUM.STOR - METHOD (FT) (AF) PEAK ELEVATION= 0 .0 FT PEAK STORAGE = 0 .00 AF Qin = 8.2 CFS @ 10 .02 HRS Qout= 8.2 CFS 0 10 .02 HRS ATTEN= 0 % LAG= 0 .0 MIN IN/OUT= 1. 50 / 1.50 AF SPAN= 5-36 HRS, dt=.31 HRS INVERT (FT) OUTLET DEVICES TOTAL DISCHARGE (CFS) vs ELEVATION • FEET 0.0 0 .0 0. 0 0.0 0. 0 0 .0 0 .0 0.0 0.0 0.0 POND 192 STARTING ELEV= 0.0 FT Not described FLOOD-ELEV= 0.0 FT ELEVATION CUM.STOR - METHOD (FT) (AF) • PEAK ELEVATION= 0.0 FT PEAK STORAGE = 0.00 AF Qin = 25.5 CFS @ 9.99 HRS Qout= 25.5 CFS @ 9.99 HRS ATTEN= 0 % LAG= 0.0 MIN IN/OUT= 4'.31 / 4.31 AF SPAN= 5-36 HRS, dt=.31 HRS • INVERT (FT) OUTLET DEVICES TOTAL DISCHARGE (CFS) vs' ELEVATION • FEET s • • • 11 i s $ • $ i s i $ i i I I i ' Data for . PERRO CRK EX COND - REVISED FOR DEV. Page 8 ' Prepared by Applied Microc uter Systems 21 Sep 94 HydroCAD 3 .20 000569 (c) 86-1994 Applied Microcomn er Systems POND 193 BEEHIVE AT 19-3 STARTING ELEV= 839 . 9 FT FLOOD ELEV= 856.0 FT ELEVATION AREA INC.STOR CUM.STOR STOR-IND METHOD (FT) (AC) (AF) (AF) PEAK ELEVATION= 849 . 4 FT 839 . 9 0 . 00 0.00 0 . 00 PEAK STORAGE = . 05 AF 849 .2 . 01 . 05 . 05 Qin = 120.3 CFS 4 10.23 HRS 850 . 0 . 02 . 01 . 06 Qout= 120.7 CFS 4 10 .24 HRS 854 . 0 . 48 1.00 1.06 ATTEN= 0 % LAG= . 6 MIN 856 . 0 .70 1. 18 2 .24 IN/OUT= 30. 84. / 30 . 84 AF SPAN= 5-36 HRS, dt=.31 HRS INVERT (FT) OUTLET DEVICES • 839 . 9 36" CULVERT n=.012 L=120' S=.1055' / ' Ke=.2 Cc=. 9 Cd=.75 855. 0 50' BROAD-CRESTED RECTANGULAR WEIR • Q=C L H^1.5 C=2 .6, 0, 0, 0, 0, 0, 0, 0 TOTAL DISCHARGE (CFS) vs ELEVATION FEET 0. 0 .2 .4 . 6 . 8 1. 0 1.2 1.4 1.6 1. 8 839 . 9 0.0 .4 1.5 3 .3 5 . 8 8 . 8 12.3 16.3 20.6 25.3 841. 9 . 30. 1 35.1 40.0 44. 6 48.9 52 . 1 55.4 58.6 61.6 64. 5 843 . 9 ' '' ••. 67 .2 69 .9 72.4 74. 9 77.2 79 . 6 81. 8 84.0 86.1 88.2 845 . 9 ''90.2 92.2 94.1 96. 0 97 .9 99.7 101. 5 103 .3 105.0 106.7 847 .9 108 .4 110.1 111.7 113 .3 114.9 116.5 118.0 119.5 121.0 122.5 849. 9 124.0 125.4 126.9 128.3 129 .7 131. 1 132.4 133 .8 135.1 136.5 851. 9 137 .8 139.1 140.4 141.7 142 .9 144 .2 145. 5 146.7 147 .9 149. 1 853 .9 150.3 151.5 152.7 153 . 9 155 .1 156.2 161. 5 179 .9 205.6 236.9 855. 9 272. 9 313 .0 ' Data for FERRO CRE EX COND - REVISED FOR DEV. Page 9 Prepared by Applied microcaluter Systems 21 Sep 94 HvdroCAD 3 .20 000569 (c) 10186-1994 APAlied Microcomp r Systems POND 194 POND AT AREA 19-4 STARTING ELEV= 819.8 FT FLOOD ELEV= 840. 0 FT ELEVATION AREA INC.STOR CUM.STOR STOR-IND METHOD (FT) (AC) (AF) (AF) PEAK ELEVATION= 828 .3 FT 819 . 8 0 . 00 0 . 00 0 . 00 PEAK STORAGE = .23 AF 826 . 1 . 01 . 03 . 03 Qin = 129. 9 CFS @ 10 .21 HRS 830 . 0 . 17 .35 .38 Qout= 131. 8 CFS @ 10 .26 HRS 840 . 0 .31 2.40 2 .78 ATTEN= 0 % LAG= 3 . 1 MIN IN/OUT= 33 .38 / 33 .38 AF SPAN= 5-36 HRS, dt=.31 HRS INVERT (FT) OUTLET DEVICES 819 . 8 36" CULVERT n=.012 L=116' S=. 0656' / ' Ke=.2 Cc=. 9 Cd=.75 828 . 0 50' BROAD-CRESTED RECTANGULAR WEIR Q=C L H^1.5 C=2 . 6, 0, 0, 0, 0, 0, 0, 0 TOTAL DISCHARGE (CFS) vs ELEVATION FEET 0.0 .3 . 6 . 9 1,2 1. 5 1.8 2 .1 2 .4 2.7 819. 8 0.0 .9 3 .3 7 .2 12 .3 18.4 25.3 32.6 40.0 46. 8 822. 8 52 .1 57 .1 61.6 65 .9 69.9 73 .7 77.2 80.7 84.0 87 . 1 825.8 ' ' .; 90.2 93 .2 96. 0 98. 8 101. 5 104.2 106.7 109.2 123 .3 160. 1 828. 8 209 .5 268.7 336.4 411.4 493 . 1 581. 0 674.7 773 .8 878.0 987 . 0 831.8 1100.8 1219 ..0 1341.5 1468 .2 1598 . 9 1733 .5 1871.9 2014.0 2159.7 2308.8 834.8 2461.4 2617.4 2776.6 2939.0 3104.6 3273 .3 3445. 0 3619.6 3797.2 3977 .7 837 .8 4161.0 4347.1 4535.9 4727 . 5 4921.7 5118.5 5318.0 5520.0 5724.5 f . Data for PERRO CRK EX COND REVISED FOR DEV, PROPOSED. Page 1 Prepared by Applied Microc' ter Systems 22 Sep 94 H •_ • AD 21 '00 • • - "4 A••1. - • i • •si• - _ - - id- RUNOFF BY SCS TR-20 METHOD: TYPE I 24-HOUR RAINFALL= 5.9 IN, SCS U.H. RUNOFF SPAN = 5-36 HRS, dt= .31 HRS, 101 POINTS SUBCAT AREA Tc WGT'D PEAK Tpeak VOL NUMBER (ACRE) (MIN) --GROUND COVERS (%CN) -- CN C (CFS) (HRS) (AF) 191 5 .29 22.5 100%88 - - - 88 - 11. 5 10.00 1. 98 192 8.90 18. 5 100%88 - - - 88 - 20 . 8 9. 97 3 .32 193 22 .33 30 . 9 48%88 0%00 46%72 6%90 81 - 32 .7 10.14 7 . 05 194 10. 81 21.0 0%00 9%60 91%72 - 71 - 14.0 10.01 2 . 54 195 13 .61 65.8 82%60 11%72 ' 7%88 - 63 - 7 .0 10.66 2 .39 f : Data for PERRO CRK EX COND REVISED FOR DEV, PROPOSED Page 2 Prepared by Applied Microc ter Systems 22 Sep 94 H .._ • . . ,21 sot . • • ; .-1"4 A••_ -4k • •113. _ REACH ROUTING BY STOR-IND METHOD REACH � BOTTOM SIDE PEAK TRAVEL PEAK NO. DIAM WIDTH DEPTH SLOPES n LENGTH SLOPE VEL. TIME Qout (IN) (FT) (FT) (FT/FT) (FT) (FT/FT) (FPS) (MIN) (CFS) 193 - - - - - - - 0 . 0 0 . 0 60 .2 N Data for FERRO CRR EX COND SED FOR DEV, PROPOSED 40 Page 3 Prepared by Applied Microco ter Systems 22 Sep 94 2' eel . • - . 4 . .. • - • ,4 ' • •u.• - t POND ROUTING HY STOR-IND METHOD POND OUTLET START FLOOD PEAK PEAK ---PEAK FLOW--- NO. DEVICES ELEV. ' E) LEV. ELT) E. STORAGE (CFS)Qin Qout A EN. (MING) 191 2 882 . 0 888 . 0 885. 6 . 12 11. 5 8 .3 28 14. 0 192 0 0 . 0 0. 0 0. 0 0 . 00 28 .3 28.3 0 0 .0 N 193 2 839 .9 856. 0 850.3 .14 133 .6 127 .2 5 2 . 8 194 2 819 . 8 840 .0 830 .5 .49 136.1 130.5 4 10.9 • Data for PERRO CRA EX COND REVISED FOR DEV, PROPOSE. Page 4 Prepared by Applied Micro uter Systems 22 Sep 94 `_ Hvd oCAD 3 .20 000569 (c) 986-1994 Applied Microcomputer Systems SUBCATCHMENT 191 AREA 19-1 (PART OF OLD 19) ACRES CN 5.29 88 B SOIL, APTS SCS TR-20 METHOD .TYPE I 24-HOUR RAINFALL= 5. 9 IN PEAK= 11.5 CFS @ 10. 00 HRS VOLUME= 1.98 AF SPAN= 5-36 HRS, dt=.31 HRS Method Comment Tc (min) TR-55 SHEET FLOW Segment ID: 20. 6 Grass: Short n=. 15 L=300' P2=2 .8 in s=. 0333 ' / ' SHALLOW CONCENTRATED/UPLAND FLOW Segment ID: 1.9 Paved Kv=20.3282 L=400' s=.03 ' / ' V=3 . 52 fps Total Length= 700 ft Total Tc= 22. 5 SUBCATCHMENT 192 _- . AREA 19-2 (PART OF OLD 19) ACRES CN 8.90 88 B SOIL, APTS SCS TR-20 METHOD TYPE I 24-HOUR RAINFALL= 5.9 IN PEAK= 20.8 CFS @ 9.97 HRS VOLUME= 3 .32 AF SPAN= 5-36 HRS, dt=.31 HRS Method Comment Tc (min) TR-55 SHEET FLOW Segment ID: 10.5 Grass: Short n=.15 L=100' P2=2.8 in s=.02 ' / ' SHALLOW CONCENTRATED/UPLAND FLOW Segment ID: 5:7 Paved Kv=20.3282 L=700' s=.01 ' / ' V=2 . 03 fps • DIRECT ENTRY _ . _._ 700FT/5FT/SEC 2 .3._:.- Total Length= 800 ft Total Tc= 18.5 SUBCATCHMENT 193 AREA 19-3 (PART OF OLD 19) ACRES CN 10.67 88 B SOIL, APTS SCS TR-20 METHOD 0 .00 0 B SOIL, WOODS TYPE I 24-HOUR 10 .32 72 B SOIL, 1/3 RES RAINFALL= 5. 9 IN 1.34 90 B SOIL, HIGHWAY PEAK= 32.7 CFS @ 10.14 HRS 22 .33 81 VOLUME '7.05 AF SPAN= 5-36 HRS, dt=.31 HRS Method - Comment Tc l min) TR-55 SHEET FLOW Segment ID: 25.2 Grass: Short n=. 15 L=300' P2=2..8 in s=. 02 ' / ' SHALLOW CONCENTRATED/UPLAND FLOW Segment ID: .7 Unpaved Kv=16 . 1345 L=100 ' s=. 02 ' / ' V=2 .28 fps DIRECT ENTRY 1500' AT 5FT/SEC 5 . 0 Total Length= 400 ft • Total Tc= 30 . 9 SED FOR DEV, PROPOSED Page 5 • Data for PERRO CRK EX COND • 22 Sep 94 Prepared by Applied Microco ter Systems HvdroCAD 3 .20 000569 (ci 1 86-1994 Annlied Microcomputer Systems SQBCATCHMENT 194 AREA 19-4(PART OF OLD AREA 19) ACRES -CN SCS TR-20 METHOD 0 .00 0 .93 60 B SOIL, WOODS TYPE ,I 24-HOURRAINFALL= 5.9 IN 9 .8 72 B SOIL, 1/3 RES PEAK= 14. 0 CFS @ 10 . 01 HRS 10 .811 71 VOLUME= 2 . 54 AF SPAN= 5-36 HRS, dt=.31 HRS Method Comment Tc (min) TR-55 SHEET FLOW Segment ID: 16 .3 Grass: Short .n=. 15 L=300' P2=2 .8 in s=. 06 ' / ' 3 . 0 SHALLOW CONCENTRATED/UPLAND FLOW Segment ID: Unpaved Kv=16 . 1345 L=700' s=. 06 ' / ' V=3 .95 fps 1.7 DIRECT ENTRY 500FT/5 FT/SEC Total Length= 1000 ft Total Tc= 21.0 SUBCATCHMENT 195 AREA 19-5 (PART OF OLD 19) ACRES CN SCS TR-20 'METHOD 11.19 60 B SOIL, WOODS TYPE I 24-HOUR 1.53', 72 B SOIL, 1/3 RES RAINFALL= 5.9 IN .89 `:: 3 B SOIL, APTS PEAK= 7 .0 CFS @ 10.66 HRS 13 .611 6 63 VOLUME= 2.39 AF SPAN= 5-36 HRS, dt=.31 HRS Tc JAW min) Method Commen Sg, S TR-55 SHEET FLOW Segment ID: Woods: Dense underbrush n=.8 L=300' P2=2 .8 in s=.0667 ' / ' 6.3 SHALLOW CONCENTRATED/UPLAND FLOW Segment ID: Woodland Kv=5 L=500' s=.07 ' / ' V=1.32 fps Total Length= 800 ft Total Tc= 65.8 • Data for PERRO CRK EX COND REVISED FOR DEV, PROPOSED Page 6 22 Sep94 Prepared by Applied Microclter Systems HvdroCAD 3 .20 000569 (c) 7'986-1994 Applied Microcomn r Systems REACH 193 DEPTH END AREA DISCH Not described - METHOD (FT) (SO-FT) (CFS) PEAK DEPTH= 0.00 FT PEAK VELOCITY= 0.0 FPS TRAVEL TIME = 0.0 MIN Qin = 60.2 CFS a 10 .06 HRS Qout= 60.2 CFS @ 10 .06 HRS ATTEN= 0 % LAG= 0 .0 MIN IN/OUT= 12 .36 / 12.36 AF SPAN= 5-36 HRS, dt=.31 HRS Data for FERRO CRK EX COND - SED FOR DEV, PROPOSEDAI, Page 7 22• Sep 94 Prepared by Applied Microco er S4sA� Alied Ma.crocomAut�r Systems HvdrQCAD 3 .20 000569 (c) 1 199 POND 191 proposed pond for 19-1 STARTING ELEV= 882. 0 FT FLOOD ELEV= 888 .0 FT ELEVATION AREA INC.STOR CUM.STOR STOR-IND METHOD (FT) (AC) (AF) (AF) PEAK ELEVATION= 885 . 6 FT PEAK STORAGE = .12 AF 884. 0 .03 . 0. 0 0. 00 0.00 0. 00 Qin = 11. 5 CFS @ 10 .00 HRS 886 . 14 Qout= 8.3 CFS @ 10.23 HRS 886.0 .028 .111 ATTEN= 28 % LAG= 14.0 MIN 888 . 0 .12 .20 .34 IN/OUT= 1.98 / 1. 98 AF SPAN= 5-36 HRS, dt=.31 HRS INVERT (FT) OUTLET DEVICES . 882 . 0 12" CULVERT n=. 012 L=10' S=. 01' / ' Ke=.2 Cc=.9 Cd=.75 886 .0 50' BROAD-CRESTED RECTANGULAR WEIR Q=C L H^1.5 C=2 .6, 0, 0, 0, 0, 0, 0, 0 TOTAL DISCHARGE (CFS) vs ELEVATION FEET 0 . 0 .1 .a .3 .4 . 5 . 6 .7 .8 . 9 882 .0 0 .0 0.0 .2 .3 .6 .8 1.1 1.5 1.8 2.2 883 .0 • 2. 5 2.9 3 .2 3 .4 3 .7 4.0 4.4 4.7 4.9 5.2 884.0 `.. 5 .5 5.7 5.9 6.2 6.4 6 . 6 6.8 7 .0 7 .2 7 .3 885.0 7 .5 7 .6 7.8 7 .9 8.0 8.2 8.3 8.5 8.6 8.7 886.0 0.0 63 .120.7 30.6 42.2 55.4 70.0 85.8 102.8 120.9 887 .0 140.0 160.1 181.1 203 .0 225.8 249 .4 273 .8 298.9 324.8 351.4 888 .0 378.8 POND 192 • STARTING ELEV= 0.0 FT Not described • FLOOD ELEV= 0.0 FT ELEVATION CUM.STOR - METHOD (FT) (AF) PEAK ELEVATION= 0.0 FT PEAK STORAGE = 0.00 AF Qin = 28.3 CFS @ 10.00 HRS Qout= 28.3 CFS @ 10.00 HRS ATTEN= 0 % LAG= 0.0 MIN IN/OUT= 5.30 / 5.30 AF SPAN= 5-36 HRS, dt=.31 HRS INVERT (FT) OUTLET DEVICES TOTAL DISCHARGE (CFS) vs ELEVATION FEET 0 . 0 0 .0 0 .0 0. 0 ' 0.0 0 . 0 0.0 0,0 0.0 0.0 Data for FERRO CRK EX COND REVISED FOR DEV, PROPOSED Page 8 Prepared by Applied Microc uter Systems 22 Sep 94 HvdroCAD 3 .20 000569 (c) _ 86-1994 Applied MicrocomD er Systems POND 193 BEEHIVE AT 19-3 STARTING ELEV= 839. 9 FT FLOOD ELEV= 856. 0 FT . ELEVATION AREA INC.STOR CUM.STOR STOR-IND METHOD (FT) (AC) (AF) (AF) PEAK ELEVATION= 850.3 FT 839 . 9 0 . 00 0 . 00 0. 00 PEAK STORAGE = . 14 AF 849 . 2 . 01 . 05 . 05 Qin = 133 . 6 CFS @ 10 .22 HRS 850 . 0 .02 . 01 . 06 Qout= 127 .2 CFS @ 10.27 HRS 854. 0 .48 1. 00 1.06 ATTEN= 5 % LAG= 2. 8 MI1 856 . 0 .70 1. 18 2 .24 IN/OUT= 33 .64 / 33 . 64 AF SPAN= 5-36 HRS, dt=.31 HRS INVERT (FT) OUTLET DEVICES ' 839 . 9 36" CULVERT n=.012 L=120' S=.1055' / ' Ke=.2 Cc=.9 Cd=.75 855 . 0 50' BROAD-CRESTED RECTANGULAR WEIR Q=C L HA1.5 C=2 .6, 0, 0, 0, 0, 0, 0, 0 TOTAL DISCHARGE (CFS) vs ELEVATIOK FEET 0. 0 .2 .4 . 6 . 8 1.0 1.2 1.4 1.6 1.8 839.9 0. 0 .4 1.5 3 .3 5.8 8.8 12.3 16.3 20.6 25.3 841.9 .- 30.1 35. 1 40.0 44.6 48.9 52.1 55.4 58.6 61.6 64.5 843 .9 ' . 67 .2 69.9 72.4 74.9 77.2 79.6 81.8 84.0 86.1 88.2 845.9 90.2 92 .2 94.1 96.0 97 .9 99.7 101.5 103 .3 105.0 106.7 847.9 108.4 110.1 111.7 113 .3 114.9 116.5 118.0 . 119.5 121.0 122.5 849.9 124.0 125.4 126. 9 128.3 129 .7 131.1 132.4 133 .-8 135.1 136.5 851.9 137.8 139.1 140.4 141.7 142.9 144.2 145.5 146.7 147 . 9 149.1 853 .9 150.3 151. 5 152.7 153.9 155. 1 156.2 161.5 179 .9 205.6 236.9 855 .9 272 .9 313 . 0 • • t Data for FERRO CRR EX CONDSED FOR DEV, PROPOSED Page 9 Prepared by Applied Microc ter Systems 22 Sep 94 HvdroCAD 3 .-20 000569 (c) 86-1994 Applied Microcommu er Systems POND 194 POND AT AREA 19-4 STARTING ELEV= 819. 8 FT FLOOD ELEV= 840.0 FT ELEVATION AREA INC.STOR CUM.STOR STOR-IND METHOD (FT) (AC) (AF) (AF) PEAK ELEVATION= 830. 5 FT 819 . 8 0 . 00 0.00 0. 00 PEAK STORAGE = .49 AF 826. 1 . 01 .03 . 03 Qin = 136. 1 CFS @ 10.22 HRS 830. 0 . 17 .35 .38 Qout= 130.5 CFS @ 10.40 HRS 840 . 0 .31 2.40 •2 .78 ATTEN= 4 % LAG= 10.9 MIN IN/OUT= 36.18 / 36. 18 AF SPAN= 5-36 HRS, dt=.31 HRS INVERT (FT) OUTLET DEVICES 819 . 8 36" CULVERT n=.012 L=116' S=.0656'/ ' Ke=.2 Cc=. 9 Cd=.75 835 . 0 50' BROAD-CRESTED RECTANGULAR WEIR Q=C L H^1.5 C=2.6, 0, 0, 0, 0, 0, 0, 0 TOTAL DISCHARGE (CFS) vs ELEVATION FEET 0. 0 .3 . 6 .9 1.2 1.5 1.8 2.1 2 .4 2.7 819. 8 0.0 .9 3 .3 7 .2 12 .3 18.4 25.3 32.6 40.0 46.8 822. 8 .-., 52.1 57.1 61.6 65.9 69.9 73 .7 77.2 80.7 84.0 87 .1 825. 8 `,;90.2 93 .2 96.0 98.8. 101.5 104.2 106.7 109.2 111.7 114. 1 828. 8 116.5 118.8. 121.0 123 .2 125.4 127.6 129.7 131.8 133 .8 135.8 831. 8 137.8 139.7 141.7 143 .6 145.5 147.3 149.1 150.9 152.7 154.5 834.8 156.2 162.1 192.6 237.5 293 .0 357.4 429.4- 508.4 593.8 685. 0 837 . 8 781. 8 883 .9 990.9 1102.6 1218. 9 1339. 6 1464.5 1593 .5 1726.4 • - Data' for PERRO CRK EX COND REVISED FOR DEV, PROPOSED Page 10 Prepared by Applied Microc ter Systems 22 Sep 94 HydroCAD 3 .20 000569 (Cl 86-1994 Applied Microcomou'Cer Systems POND ROUTING BY STOR-IND METHOD POND OUTLET START FLOOD PEAK PEAK ---PEAK FLOW--- NO. DEVICES ELEV. ELEV. ELEV. STORAGE Qin Qout ATTEN. LAG (FT) (FT) (FT) (AF) (CFS) (CFS) (%) (MIN) 22 1 744. 6 752 .0 748 .3 164. 67 583 . 6 101. 6 83 661. 6 - ' Data' for PERRO CRR EX COND REVISED FOR DEV, PROPOSED Page 11 Prepared by Applied Microc ter Systems 22 Sep 94 HydroCAD 3 .20 000569 (c) 86-1994 Annlied Microcomt u r Systems POND 22 0-22 PRISON POND STARTING ELEV= 744 . 6 FT FLOOD ELEV= 752.0 FT ELEVATION CUM.STOR STOR-IND. METHOD (FT) (AF) PEAK ELEVATION= 748.3 FT 744. 6 0. 00 PEAK STORAGE = 164. 67 AF 746. 0 43 .79 Qin = 583 . 6 CFS @ 10.39 HRS 748 . 0 145.85 Qout= 101.6 CFS @ 21.41 HRS 750 . 0 261. 80 ATTEN= 83 % LAG= 661. 6 MI1 752 . 0 389.69 IN/OUT= 264.75 / 142.35 AF SPAN= 5-36 HRS, dt=.31 HRS INVERT (FT) OUTLET DEVICES 0.0 EXISTING OUTLET 747.5 OVERFLOW ELEV(FT) DISCH(CFS) 744.6 0.00 745.0 5.00 746. 0 10.00 747 .0 15.00 .. 747 . 5 16.00 748. 0 80.00 748.3 100.00 TOTAL DISCHARGE (CFS) vs ELEVATION FEET 0.0 . 1 .2 .3 .4 . 5 . 6 .7 .8 .9 x`744.6 0.0 1.3 2.5 3 .7 5.0 5.5 6.0 6.5 7 .0 7.5 745.6 8.0 8.5 9.0 9.5 10. 0 10.5 11.0 11.5 12.0 12.5 746.6 13 .0 13 .5 14.0 __ 14.5 15.0 15.2 15.4 15.6 15.8 16.0 747.6 28.8 41.6 54.4 67.2 80.0 86.7 93 .3 100.0 106.7 113 .3 748.6 120.0 126.7 133 .3 140.0 146.7 153 .3 160.0 166.7 173 .3 18.0.0 749.6 186.7 193 .3 200.0 206.7 213 .3 220.0 226.7 233 .3 240.0 246.7 750.6 253 .3 260.0 266.7 273 .3 280.0 286.7 293 .3 300.0 306.7 313 .3 751.6 320.0 326.7 333 .3 340. 0 346.7 411 • EXHIBIT H