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HomeMy WebLinkAbout2002-07-24 Fully Executed Amended June 30, 2000 Developer's AgreementTHIS AGREEMENT, made and entered into this th day of July, 2002, by and y � y between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City "), and WATE Enterprises, Inc., (the "Developer "). WITNESSETH; That: WHEREAS, the Developer has made application to the City Council for approval of a proposed subdivision and planned unit development of lands within the corporate limits of the City described as follows: (the "Subdivision "); and, CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA AMENDMENT TO June 30, 2000 DEVELOPER'S AGREEMENT Lots 1 through 6, inclusive, Block 1, WATE Addition WHEREAS, the City Council has on May 23, 2000, granted general approval to the PUD, that pP on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of street, water, sewer and other public improvements as well as the development of on -site improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth. ; and WHEREAS, the Developer has applied for and the City has granted on July 23, 2002 an amendment to the planned unit development to add property legally described as: Lot 4, Block 2, Kern Center 2nd Addition NOW, THEREFORE, FORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed that the terms and conditions of the June 30, 2000 Developer's Agreement shall be extended as to the new land added by virtue of this . y amendment and additional terms as to the new development to be implemented. on. Lot 4, Block 2, Kern Center 2nd Addition as follows: Designation of Improvements: Improvements to be installed at Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements". Improvements to be installed by the City and paid for by Developer are hereinafter referred to as "Plan B Improvements ". I PLAN A IMPROVEMENTS: The Developer will construct at Developer's expense the following improvements under Plan A according to the following terms and conditions: A. The Developer shall do all site grading, common greenway and open spaces, storm water storage ponds, surface drainage ways and all private driveways including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. A grading plan with maximum two (2) foot contours, pad elevations, drainage provisions, erosion control provisions and cross sections, as necessary, shall be submitted to and approved by the City prior to commencement of any site grading. Any changes to the grading plan during construction shall be submitted to the City for approval. Each building site must conform to the grading plan approved by the Building Inspector of the City of Oak Park Heights prior to a building permit being issued. B. The Developer shall control soil erosion ensuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City Engineer shall be installed prior to development and as may be necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area, The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 5. The Developer shall not locate its equipment within the right-of-way of Memorial Ave. as acquired by the City of Oak Park Heights adjacent to this development without the express written consent of the City Engineer. 6. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be replaced after all street and lawn grading has been completed in order to preserve the lot markers. 7. The Developer shall be responsible for maintaining the location of and protecting curb stops, water services and sewer services. Any service or curb stop damaged shall be repaired or replaced as specified by the City. The Developer shall make all necessary adjustments to the curb stops to bring then flush with the topsoil (after grading) or driveway surface. 8. The Developer shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City and in conformance with the landscaping plans annexed hereto as Exhibit A. 9. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. The Developer shall be responsible for the removal of snow from all gravel streets. The repair of any damage done to the streets or public utilities shall be the financial responsibility of the Developer. 10. The Developer shall furnish site lighting in accordance with the plan annexed hereto as Exhibit B. General Requirements: a. The Developer shall dedicate and survey all drainage and storm water holding ponds as required by the City and the same shall be shown on the final plat. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development, which shall be determined by the City Engineer. b. The City of Oak Park Heights is requiring Developer to dedicate storm water drainage areas and holding ponds to serve Developer's project. Such areas are incorporated within the drainage easement conveyed to the city upon execution of. this Development Agreement. c. The Developer shall be responsible for securing all necessary approvals, and permits from all appropriate watershed, federal, state, regional and local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. The Developer shall secure the appropriate MnDOT access permits if required. d. Wetland Designation. All areas classified as wetlands shall be displayed upon the plat and/or conveyed by easement, and those so specified by the City Engineer shall be dedicated to the public for that purpose. 2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST 1. Boulevard and swale sod $ 2,400.00 2. Landscaping $ 7,278.00 3. Street signs nla 4. Street lights nla 5. Grading $ 2,100.00 6. Erosion Control $ 600.00 7. Pond Protection & Restoration $ 2,000.00 8. Utility Protection & Repair $ 4,000.00 9. Street Protection & Repair $ 1,800.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $20,178.00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20 %): $ 4,03 5.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $24,213.60 SECURITY REQUIREMENT (25 %) $ 6,053.40 TOTAL PLAN A ESCROW $30,267.00 3. CONSTRUCTION OF PLAN A IMPROVEMENTS. A. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. B. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. C. Easements. The Developers shall dedicate to the City, prior to approval of the final PUD, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Plan A Improvements as determined by the City. All such easements required by the City shall be in writing, and in recordable form, containing such terms and conditions as the City shall determine. If within the platted area, all such easements shall be dedicated to the City and specifically described within the Plat. As it affects all easements located outside the platted area, the same shall be dedicated by separate easement conveyed to the City of Oak Park Heights prior to the execution of the Development Agreement. Absent such dedication all utilities shall utilize existing placements. D. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Plan A Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times hereinafter maintain with the City, a cash deposit, certified check, or an Irrevocable Letter of Credit, based on one hundred and twenty-five Y 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 statethereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Agreement and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this Agreement. The Irrevocable Letter of Credit shall be renewed or replaced by not later than thirty (30) days prior to its expiration. E. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit or cash deposit based on prepayment or the value of 4 GENERAL: the completed improvements at the time of the requested reduction. The amount of reduction will be determined by the City and such recommendation will be submitted to the City Council for action. Following any payment for a Plan A improvement which is within the Engineer's estimate, the City may consider and allow a reduction of the Letter of Credit up to the rate of $1,25 for every dollar that has been paid out of the escrow /Letter of Credit provided that the project is on schedule, the Developer is not in default under the terms of the Development Agreement and/or no extraordinary expenses beyond the engineering estimate have been incurred during the course of the project. F. Connection Charges. All connection charges and fees shall be paid by Developer. The City Engineer shall compute the connection fee as prescribed by ordinance /resolution as to this development and advise the City Clerk as to the appropriate fee to be collected. G. ADMINISTRATIVE FEES. The Developer shall provide cash payment to the City of Oak Park Heights in the amount of. $I . "Sto reimburse the City of Oak Park Heights for previous expenses relating to this development. Existing bills are as of July 31 , 2002 for all services except engineering (engineering is billed through 6/30/02). Bills for services rendered after those dates for services shall be billed monthly. Existing project escrow accounts shall be held by the City of Oak Park Heights until completion of the plan A improvements as certified to by the city engineer, thereafter any remaining funds shall be refunded to the Developer. 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 then. The Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Developer. B. Final PUD Approval. The City agrees to give final approval to the Planned Unit Development Permit upon execution and delivery of this Agreement and of all required documents and security, subject to compliance with the Ordinances of the City and terns and provisions hereof, permits may be issued by the City. C Incorporation of Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. Specifically the following Planning Reports and Engineering files and final documentation approved by the City Planner and the City Engineer are specifically incorporated by reference herein and included herein as if originally made part of this agreement. D. The City of Oak Park Heights shall file the Developer's Agreement of record in the office of the County Recorder. Providing that the Developer is not in default under the terms of the Development Agreement, the City shall provide appropriate releases to the financial aspects of same and documentation to individual buyers of lots. E. As to any and all administrative, legal or engineering costs which the Developer is expected to pay to the City of Oak Park Heights, which costs are to be offset against the cash escrows or Letters of Credit which the Developer has filed and provided to the City of Oak Park Heights, the Developer shall be given the opportunity to review and comment on such costs prior to the application by the City of Oak Park Heights to the escrow for the payment of same. Should the Developer dispute the reasonableness of any of the City's charges, Developer shall have the right to submit any such dispute to arbitration at Developer's sole and exclusive expense. Arbitration shall be conducted by the American Arbitration Association and shall be initiated and paid for by Developer. F. Establishment of Construction Schedules, The City Engineer shall establish construction schedules for Plan A improvements and shall consult with Developer prior to establishing same. G. Zoning. Lot 4, Block 2, Kern Center 2nd Addition has been designated a Zoning classification of B -3 by the City Council. All future use and development shall comply with the applicable provisions of the relevant Zoning ordinance of the City of Oak Park Heights relating thereto. H. Street Grades. The grades of all internal streets shall not exceed 8% and the minimum grade shall not be less than .5 %. Handicapped Parking. Location of disability/ handicapped stalls shall be made more efficient with regard to serving all of the areas of the proposed facilities. All disability stalls currently shown as oriented throughout the entire parking complex to provide reasonable handicapped access throughout the center. J. Landscaping. Landscaping plan is to be developed and submitted and annexed hereto as Exhibit A and incorporated herein by reference. In addition thereto the Developer shall follow the recommendations made Arborist affecting tree species selection and planting and tree removal, if any. K. Trash Receptacles : Are to be located as depicted on plans to be approved by the office of the Director of Community Development, City of Oak Park Heights. L. Lighting. Developers have submitted a lighting plan to the City which has been approved and is attached hereto as Exhibit B. All lighting shall be hooded and controlled so as not to direct light source to adjacent lands and not to be visible from the public right-of-way or from adjacent properties in compliance with Section 401..15B.7 of the Zoning Ordinance. M. Signage. A master signage plan shall be developed by the Developers and submitted to the office of the City Planner for approval. All signage shall be conformed to the master signage plan so approved by the City Director of Community Development. N. Any changes to the submitted landscape plan resulting from changes to the stormwater ponding areas shall be subject to review and approval of the City Council. 0. The developer shall create a common ownership community within the property and all documents relative thereto shall be submitted to and be subject to the approval of the city attorney. P. Curb and gutter will not be required at this time around the parking and driveway areas west of the proposed building, but will be required at the time that the second building is approved. 0. The developer shall submit and have approved by city staff phasing plan for further development on the site. Additionally expansion of Building site on the subject area shall not proceed until an amendment to the PUD permit has been applied for and granted by the city. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the date and year first above written. in the presence of: In the presence of 7/i 4/, , CITY OF OAK P RK HEIGHTS By By Its David Beaudet Mayor WATE Enterprises, Inc. Kii Kampe Acting City Administrator STATE OF MINNESOTA ) : ss. COUNTY OF WASHINGTON) / 1 1 ) 774 On this 000-1 day of , 37...) , 2002, before me a Notary Public, within and for said County personally appeared David Beaudet and Kim Kamper, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the Acting City Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling Eckberg, Lammers, Briggs, Wolff Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Notary Public said County persona day of , 2002, before me a Notary Public, within and for personally appeared LL( s9 -4 2,1/4177— to me personally known, being t-4 each by me duly sworn did say that he is the Pe.,& 067v"7 WATE Enterprises Inc., the corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said co,rporation by authority of its Board of Directors and said WILLI Ats-AAZI 77 11_1_1 icyfrt Z/ Arri—acknowledged said instrument to be the free act and deed of said corporation. eu, Notary Public JULIE A HULTMAN NOTARY PUB1O-MINNESOTA My Commission Expires Jan, 31, 2005 JULIE A. HULTMAN NOTARY PUBM-MINNESOTA My Commission Expires Jan. 31, 2005 PHOTO METRIC SITE PLAN LANDSCAPE PLAN ANDOUTDOOR RECREATION AREA EXHIBIT A To: bo L Company: Phone: Fax: Reference: • !N.; • Comments: L (eLeiwe_,/' "cif From: Date: —q CC: Number of pages Including cover sheet: 6 F- 3550 LaIore Road, St.Paul, MN 55110 9 (651) 484-4900 FAX: (651) 484-2248 , / . Kii"-- Ai tiffr 0 0 1..44--r, utfordr ei . , , , ., • 00.-.-. . . . er: i s ti ik*, .k t * * * 10 p i t-A4000P )416,111Nkliko 4 il'ilij , tol , , - " 4 4 4‘, . . , 7 1 't cl .4fi • / S 1111K,41•14"Astr-r‘ inixo4ILiwii. 416 i mr i VA 1 / , 4tioAk i�����'�� �i ,, 1 A , ,________,.