HomeMy WebLinkAbout1998-07-27 OPH Ltr to Applicant Forwarding Developer's Agreement for Signature 7.
CITY
OAK PARK HEIGHTS
14 168 N. 57th Street ° Sox 2007 - Oak Perk Heights, MN 5 5082 • Phone: (G 12) 439 -4439 - FAx 439 -05 - 4
July 27, 1998
SuperArnerica Group
1240 West 98th Street
Bloomington, Minnesota 5 543) 1
Subject: Developer's Agreement
Oak Park Heights SuperAmerica and Valvoline Instant Oil Change
Enclosed is the signed, sealed, and notarized original Developer's Agreement for the
SuperArnerica and Valvoline Instant Oil Change which the Oak Park Heights City
Council approved on July 14, 1998. Please signed and seal this original, make a copy for
yourself, and return the original to the Oak Park Heights City Hall for retention. If you
should have any questions on this, please do not hesitate to contact me.
Very truly yours,
Melanie Mesko
Administrative Assistant
enclosure
Tree City U.S.A.
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this 14th da of
July, 1998, b and between the Cit of Oak Park Hei a
municipal corporation under the laws of the State of Minnesota (the
"Cit . and Speedwa SuperAmerica, L.L.C. and Valvoline Instant
Oil Chan (the "Developers").
WITNESSETH That
WHEREAS, the Developer has made application to the Cit
Council for approval of the Bracke West Addition of a plat of land
within the corporate limits of the Cit described as follows:
OUTLOT 9 BRACKEY WEST ADDITION
(the "Subdivision") ; and,
WHEREAS, the Cit Council has on April 14, 1998, g ranted
preliminar approval to the Subdivision, on the condition that the
Developer enter into this A stipulatin the conditi - ons f or
the installation of street, water, sewer and other public
improvements as well as the development of on-site improvements
hereinafter described, all in accordance with the terms and
conditions hereinafter set forth.
NOW, T i
HEREFORE, n consideration of the premises and of
the mutual promises and conditions hereinafter contained, it is
hereb a as follows:
Desi of Improvements: Imorovements to be
installed at Developer's expense b the Developer as hereinafter
provi n A ded are hereinafter referred to as "Plan. Improvements".
1. PLAN A IMPROVEMENTS: The Developer will construct
at Developer's expense the followin improvements
under Plan A accordin to the followin terms and
conditions:
A. The Developer shall do all site g radin g ,
common g reenwa y and open spaces, storm water
stora ponds, surface draina wa and all
private drivewa includin soddin of
boulevards, all in accordance with the
approved grading, drainage and site plane A
grading p 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 mus t conform
to the grading plan approved by the Building
Inspector of the City of oak Park Heights
prior to a building permit being issued
a The Developer shall control soil erosion
ensuring:
1. Al 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 Deve loper
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. Er osion 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
y
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 58th
Street as acquired by the City of oak
Park Heights adjacent to this development
without the express written consent of
the City En.gin.eer.
C. The Developer shall place iron monuments at
all lot and block corners and at all other
angle points on boundary lines. Iron
monuments shall be replaced after all street
and lawn grading has been completed in order
to preserve the lot markers
D. The Developer shall be responsible for
maintaining the location of and protecting
curb stops, water services and sewer services
Any service or curb stop damaged shall be
repaired or replaced as specified by the City.
The Developer shall make all necessary
adjustments to the curb stops to bring them
flush with the topsoil (after grading) or
driveway surface
E. The Developer shall be required to provide
landscaping and screening as determined by the
City and as required by the ordinances of the
City and in conformance with the landscaping
plans as have received the written approval of
the city planner.
F. The Developer shall be responsible for street
maintenance, including curbs, boulevards, sod
and street sweeping until the project is
complete. All streets shall be maintained
free of debris and soil until the subdivision
is completed° warning signs shall be placed
when hazards develop in streets to prevent the
public from traveling on same and directing
attention to detours. The Developer shall be
responsible for the removal of snow from all
gravel streets. The repair of any damage done
to the streets or public utilities shall be
the financial responsibility of the Developer.
G. The Developer shall furnish a site lighting
wired b the g g
plan as required city ordinances and
City planner and implement same on the site as
approved by the city planner .
General Requirements:
H. The Developer shall dedicate and survey all
drainage and storm water holding ponds as
required by the City and to be shown on the
final plat, or to be dedicated by separate
easement on request of the City. No Building
Permits shall be issued until ponding is
constructed or specified by the City Engineer.
The Developer shall be responsible for storm
sewer cleaning and holding pond dredging, as
required, by the City prior to completion of
the development.
The City of Oak Park Heights is requiring
Developer to dedicate storm water drainage
areas and holding ponds to serge Developer's
project. such areas are incorporated within
the drainage easement depicted on the final.
plat and upon execution of this Development
Agreement and the recording of the final plat
conveyed to the City of Oak Park Heights.
S. The Developer shall be responsible for
securing all necessary approvals, PUDs, CUPs
and permits from all appropriate federal,
state, regional and local jurisdictions prior
to the commencement of site grading or
construction and prior to the City agar ding
construction contracts for public utilities.
The Developer shall secure the appropriate
MnDOT access permits for the two accesses onto
the MnDOT Frontage Road.
J. Drainage and utility easements. 10 foot
drainage and utility easements shall be
provided along all lot lines.
K. Wetland Designation. All areas classified as
wetlands shall be displayed upon the plat and
those so specified by the City Engineer shall
be dedicated to the public for that purpose.
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DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
(SuperAmerica/Valvoline)
1. Boulevard and swale sod $ 11000.00
2. 2oulevard trees $ 5
3. Street si $ - 0 -
4. Street li $ 11000.00
5. Gradin $ 6
6. Erosion Control $ 3
7. Pond Protection & Restoration $ 2
8. Utilit Protection Repair $ 500000
9. Street Protection & Repair $ 2
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $21f300.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20%): $ 41300.00
TOTAL, ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ 25,600.00
SECURITY REQUIREMENT (250 ) $ 6
------------
TOTAL PLAN A LETTER OF CREDIT/
CONSTRUCTION ESCROW $ 32j000.00
3. Connection Char es-. Connection fees for the
subject propert are due and pa upon execution
of this A The connection fees are to be
paid in total.
4. GENERAL:
A. Bind in Effect. The terms and provisions
hereof shall be bindin upon and inure to the
benefit of the heirs, representatives,
successors and assi of the parties hereto
and shall be bindin upon all future owners of
all or an part of the Subdivision and shall
be deemed covenants runnin with the land.
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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 aid b the Developer.
P �
� Gradin and Drainer e Plans. All grading,
storm water and /or drainage plans must be
approved by the office of the City Engineer
prior to a bui ldi.ng permit being issued
C. Incorj2 ion 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 fuller as if set out herein in
full. Specifically the Planning and
Engineering reports and final permits approved
by the City Planner and the City Engineer are
specif incorporated by reference herein
and included herein as if original made part
of this agreement.
The prior development agreement executed
between the City of oak Park Heights and Robert
and Janet Brackey is also incorporated by
reference herein with the provisions thereof to
the extent not replaced herein also being made
a part hereof by reference.
D. The City of oak Park He ights shall file the
Developer's Agreement of record in the office
of the Counter Recorder, providing that the
Developer is not in default under the terms of
the Development Agreement
E. contribution to Cost of Installing Traffic
Control signals at Intersection of Neal. Avenue
and 58th street. Developers shall pay to the
City of oak Park Heights the sum of $7,200.00
representing their fair share of the cost of
providing a traffic control signal at the
intersection of Neal Avenue and 58th street.
Benef to Independent school District 834 as
a result of the installation of the traffic
control signal shall be determined. and
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collected. separately by the City of Oak Park
Heights.
Fo Handicaioped Parking Location of disability/
handicapped stalls shall be made
more
efficient with regard to serving all of the
areas of the proposed facility. All
disability stalls currently shown as oriented,
to the parking lot to provide reasonable
handicapped. access.
G. Landsca in e Final Landscaping plan is to be
developed and is subject to the approval by
the City Planner.
H. Trash Rece tacles e All trash receptacle areas
have been designated on the site plan for the
entire building. All tenants of the building
will be required to utilize these trash
receptacles or will be required to store trash
internally. The two trash enclosures shall be
constructed of brick to match the proposed
buildings.
I. Lighj nc . Developers must submit a lighting
plan to the City Planner with such plan being
subject to the approval of the city planner.
.A photo - metric lighting plan shall be
submitted and subject to review and specific
approval of City staff . 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.
401.152.7 of the Zoning ordinance.
J. s crnLge . . A master s i gna ge plan s ha l l be
developed by the Developers and submitted to
the office of the City Planner for approval.
All s ign.age shall be conformed to the master
s i gnage plan so approved by the City Planner.
K. Any changes to City approved lighting,
drainage, s ignage and /or landscaping final
plans must be approved by the City Council.
Lo All cross -- easements to allow street access to
the Valvoline facility and superAmerica
facility, in addition to all restrict=ive
covenants or other agreements affecting land
use of the premises between the two
facilities, shall be subject to review and
approval by the office of the City Attorney.
No public road access shall be allowed from
Lot 2 to 58th street or Neal Avenue. Internal
directional signage on the site shall be
required to define one --way circulation routes
to control traffic. All such signage and its
location shall be subject to the review and
approval, of the City Engineer.
M. Underground gas tank filling operations shall
be done in a way as to minimize disruption of
site traffic circulation so as not to have an
adverse impact on adjacent neighborhoods or
traffic movements in the immediate area.
These gas tank filling operations are subject
to continued review by the City Council, who
reserves the right to impose additional
limitations or qualifications on tank falling
operations as may be necessary to minimize
adverse impacts. All applicable MPC.A
requirements relative to fuel storage must be
satisfactorily complied with
N. Ten. (1 o ) additional feet of green space shall
be provided between the two entrance Curb cuts
on Neal Avenue. This area shall be
appropriately landscaped and delineated in the
landscape plan to be approved by the office of
the City Planner and City Forester.
0. Row and curb barriers shall also be provided
at the other parking areas in the development
as required by the office of the City Planner
Such areas should also accommodate additional
trees and landscaping.
Po An additional handicapped accessible stall
shall be required. on the super.Ameri.ca site.
Q. The submitted site or landscape plan shall
also be modified to illustrate areas .intended
for snow storage.
R. The pylon sign at Highway 5 and 58th street
shall be upgraded to include a brick base to
match the buildings and monument signs
proposed on Neal Avenue.
S. The applicant has been given a choice b y the
City Council of constructing a monument sign
S
at N eal A venue and 58th street or
alternatively installing the "Simek's" and
"SuperMom's" signs on the Neal Avenue
elevations. The Simek's awning shall be
allowed as part of the sign variance. Only
two canopy signs, one on the west and the
other on the east elevation, shall be allowed
as part of the sign variance. The logo stripe
around the canopy structure will be allowed.,
but it can not in any war be illuminated. The
colored facade band on the Valvoline building
shall not be illuminated
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: CITY OF 6AY PARK HE HTS
By
D a v id D . Scha {
Mayor
Thomas m. M e l e n a -. ..�...ae..,..A..�.�_..,m,.�
A•d.m s t r
In th presence of.- SPEEDWAY UPE ERICA.- L. L. C. AND
VA LVOL NE INS TANT OIL E
By
Its
B y
Its
STATE OF MINNESOTA. }
} sso
COUNTY OF WASHINGTON) -�
o n this day of ' ,rr� 1998 , before me a
Notary Public, within and for said oun�, personally appeared. David.
D . Schaaf and, Thomas M . Melena, to me personally known, being each
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by me duly sworn did say that they are respectively the Mayor and
the Administrator of the city of oak Park Heights, the municipal
corporation named in the foregoing instrument; and that the seal
affixed to said instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed on
behalf of said municipal corporation by authority of its city
Council and said Mayor and Administrator acknowledged said
instrument to be the free act and deed of said municipal
corporation
u JUDY L.HOLST
NOTARY PUBLIC - MINNESOTA No ry 01ab 1 i c
° WASHINGTON COUNTY
. Nxtiy ° My Co Expi Van. 31, 2000 �
STATE of MINNESOTA }
) ss.
COUNTY OF WASHINGTON)
On this day of 1 99 8 , before me,
a Notary Public, within and for said county aEd. State, personally
appeared and
to me personally known, who, being each by me duly sworn died Say
that they are respectively the _ and the
of speed SuperA.m L o L o C and aZvoline
Instant oil change, a Minnesota corporation, named in the foregoing
instrument, and that said instrument was signed on behalf of
Speedway SuperAmerica, L .L.C. and Valvoline Instant oil change, by
authority of its Board of Directors and said
and acknowledged said instrument to be the
free act and deed of said corporation
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Mari. J. Vi6erling
Eck Lammers, Briggs, Wolff
& Vierling, P.L.L.P.
1835 Nort Ave
Stillwater, MN 55082
(6 12) 439 -28 7 8
oph\devagree\superame rev. 7/14/98
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