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HomeMy WebLinkAbout1998-05-19 CA Fax to OPH Re Developer's Agreement DRAFT05/19/98 14:12 ECKBERG LAW 4 4390574 NO.175 P01 L J. F.,L6er8 Jam es F. Lanurivrti Ro}1 G. Bri Marl< J. T,crPuis. Gre G. Gallo Ttontas J. Weidner. sustt. D. Olson DATE: FAX NO NAM: FROM LAW OFFICES OF Eaherg, Lammers, 13riggs, Wolff Vierling, PLL 1835 Nortitwestern Avenue Stinwaier, Minnesota 55082 (G12) 439-2878 FAX (612) 439-2923 Pad A. Wolff (194.4.19H) SMI SS IOPP.ki; rArtrea Arbitnstor •Gertifiocl Rchal EetAl. 19 1998 Please deliver the following page(s) to 439 Melena Oak Mark J. Vierlin Said ei hts Cit Admini trator TOTAL NUMBER OF PAGE 11 INCLUDING COVER SHEET. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US BACK AS SOON AS POSSIBLE AT (612) 439-2878 to inhouse staff_for comrvnt COMMENTS Thank HARD COPY WILL FOLLOW BY MAIL David K. Sn Urost Filetielok The pages comprising this facsimile transmission contain confidential information from Eckberg, Lammers, Briggs, Wolff Vierling. This information is intended solely for use by the individual or entity named as the recipient hereofc If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at np cost to you. Violation of this confidentiality notice could constitute a basis for a claim for damages against the violation. If you received this communication in error, please immediately notify us by telephone at (612) 439- 2878 Draft Su erAmerica Ra id Oil Develo ent A reement. Please cute 05/19/98 14:12 ECKBERG LAW 4 4390574 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER' S AGREEMENT THIS AGREEMENT, made and entered into this day of 1998, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City") and Speedway SuperAmerica, L.L.C. and Valvoline Instant Oil Change (the "Developers"). WITNESSEM That WHEREAS, the Developer has made application to the City Council for approval of the Brackey West Addition of a plat of land within the corporate limits of the City described as follows: See attached Exhibit "A" (the "Subdivision"); and, WHEREAS, the City Council has on 19 granted preliminary approval to the Subdivision, on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of street, water, sewer and other public improvements a well as the development of on-site improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: Designation of Improvements: Improvements to be installed at Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements". 1 PLAN A IMPROVEMENTS: The Developer will construct at Developer's expense the fonowing 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 NO.175 P02 05/19/98 14:12 ECKBERG LAW 4390574 NO.175 P03 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: 2 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 ite 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 reetored 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 58th Street ae acquired by the City of Oak 0E/19/S8 1412 ECKBERG LAW 4 4390574 NO.175 PO4 Park Heights adjacent to this development without the express written consent of the City Engineer. C. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be replaced after all street and lawn grading has been completed in order to preserve the lot markers. D. The Developer shall be responsible for maintaining the location of and protecting curb stops, water services and sewer services. Any service or curb stop damaged shall be repaired or replaced as specified by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading) or driveway surface. E. The Developer shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City and in conformance with the landscaping plans annexed hereto as Exhibit 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 atencion co 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 sight lighting in accordance with the plan annexed hereto as Exhibit General Requirement.: H. The Developer shall dedicate a reasonable portion of this proposed subdivision as the City Council reasonably determines to the public for public uses as parks, playgrounds, public open space, trails, or other conditions 3 05/19/98 14:12 ECKBERG LPIW 4 4390574 NO.175 P05 as required by the City and as shown on the final plat. In lieu of complete land dedication, Developer shall upon execution of this Developer's Agreement, pay a park dedication fee now prescribed by ordinance and/or resolution. The cash park dedication fee for this subdivision is in the amount of 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 serve 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. J. 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 awarding construction contracts for public utilities. The Developer shall secure the appropriate MnDOT access permits for the two accesses onto the MnDOT Frontage Road K. Drainage and utility easements. 10 foot drainage and utility easements shall be provided along all lot lines. L. Wetland Designation. All areas classified a2 wetlands shall be displayed upon the plat and those so specified by the City Engineer shall be dedicated to the public for that purpose. 4 05/19/99 14:12 ECKBERG LAW 4 4390574 NO.175 POE, DESCRIPTTON or PL)N A IMPROVEMENTS ESTIMATED COST (SuperAmerica/Vaivoline) 1. Boulevard and swale sod To be determined by City Engineer 2. Boulevard trees with security posted on 3. Street signs application for building permit 4. Street lights 5. Grading 6 Erosion Control 7. Pond Protection Restoration 8. Utility Protection Repair 9. Street Protection Repair TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (2n): TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: SECURITY REQUIREMENT (25%) TOTAL PLAN A LETTER OF CREDIT/ CONSTRUCTION ESCROW See Above 3. Coco. ,on Cha s. Connection fees for the subject property are due and payable upon execution of this Agreement. The connection fees are to be paid in total. 4 2ENEPAL: A. Bindg 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 Subdivioion 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 5 05/19/98 14:12 ECKBERG LAW 4 4390574 NO.175 P07 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. Gracli,nci_ars.s3D, All grading, storm water and/or drainage plans must be approved by the office of the City Engineer prior to a building permit being issued. C. Incor oration of Refer e. 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 Planning and Engineering reports and final permits 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. Tha City of Oak Park Eeights 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. E. Contribution to C4b,t of 0 nals at Inte trol Si and 56th Strg,-2. Developers shall pay to the City of Oak Park Heights the sum of representing their fair share of the cost of providing a traffic control signal at the intersection of Kern Avenue and 58th Street. Benefit to Independent School District 834 as a result of the installation of the traffic control signal shall be determined and collected separately by the City of Oak Park Heights. Haqdtcapped 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. 6 tallin Traff Avenue 05/19/99 14:12 ECKBERG LAW 4 4390574 NO.175 P09 G. LAnftaaaaing. Landscaping plan is to be developed and submitted for approval by the City Planner. H. 11/Agag.g.= 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. Ligting, Developers must submit a lighting plan to the City Planner. A photo-metric lighting plan shall be submitted and subject to review and specific approval of City Staff and City Council. 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. J. aignaga. 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 Planner. K. Any changes to City approved lighting, drainage, signage and/or landscaping plans must be approved by the City Council. L. All cross-easemente to allow street access to the Valvoline facility and SuperAmerica facility, in addition to all restrictive covenants or other agreements affecting land use of the premises between the two facilities, shal1 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 gag tank filling operations shall be done in a way as to minimize disruption of site traffic circulation so as not to have an 7 05/19/98 14:12 ECKBERG LAW 4 4390574 NO.175 P09 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 filling operations as may be necessary to minimize adverse impacts. All applicable MPCA requirements relative to fuel storage must be satisfactorily complied with. N. Ten (10) 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. 2. An additional handicapped accessible stall shall be required on the SuperAmerica site Q. The submitted site or landscape plan shall also be modified to illustrate areas intended for snow storage. R. The pylon site 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 by the City Council of constructing a monument sign at Neal Avenue and 58th Street or alternatively installing the "Simek's' and "SuperMom'W° 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, shail be allowed as part of the sign variance. The logo stripe around the canopy structure will be allowed, but it can not in any way he illuminated. The colored facade band on the Valvoline building shall not be illuminated. 8 05/19/98 14:12 ECKBERG LAW 4390574 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: 9 CITY OF O PARK HEIGHTS By David Schaaf Mayor Thomas Melena Adminiscrat:or SPEEDWAY SUPERAMERICA, L.L.C. AND VALVOLINE INSTANT OIL CHANCE By Its By its STATE OF MINNESOTA ss. COUNTY OF WASHINGTON) On this day of 1998, before me a Notary Public, within and for said County personally appeared David Schaaf and Thomas Melena, to me personal known, being each by me duly sworn did loay 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. Notary Public NO.175 L210 05/19/98 14:12 ECKBERG LAW 4 4390574 STATE OF MINNESOTA 55, COUNTY OF WASHINGTON) On this day of 1998, before me, a Notary Public, within and for said County and State, personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and the of Speedway SuperAmerica, L.L.C. and Valvoline 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 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 oph\devagreGAsuperame\May 19, 1998 10 Notary Public NO.175 ;ii 05/19/98 14:12 ECKBEP LAW 4 4390574 NO.175 1;12 EXHIBIT "A"