HomeMy WebLinkAbout1998-08-03 CA Ltr to OPH Re Brackey West Developer's AgreementL J. EALerg
James F. Lammers
Robert G. Briggs*•
Marl, J. Vterling*
Gregor G. Gaiter•
Thomas J. Weidner*
Susan D. Olson
LAW OFFICES OF
Ecicherg, Lammers, Briggs, Wolff & Vier
1835 Northwestern Avenue
Stillwater, Minnesota 55082
(612) 459-2878
FAX (612) 459-2925
Mr. Thomas Melena
City Administrator
City of Oak Park Heights
14168 - 57th Street North
P.O. Box 2007
Oak Park Heights, MN 55082
Dear Tom:
PL:dmr
Enclosure
Direct Dial No. (651) 351-2115
August 3, 1998
In Re: Brackey West Addition
Pursuant to your request, I have revised the Developer's Agreement regarding
Oudot B, Brackey West Addition. Please review the Agreement as now drafted carefully, and
should it meet with your approval, it is my understanding that you will obtain the necessary
signatures on behalf of the City and will forward the same to Super America.
Should you have any questions, please do not hesitate to give me a call.
Yours very truly
j3my F. Lammers
---------------
Paul A. Wolff
(i 944-1996)
*Qualified Neutral Arbitrator & Mecliator
•Qualified Neutral Arbitrator
*Certified Real Estate Specialist
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, a Delaware Limited
Liability company, and Ashland, Inc., by and through its division
Valvoline Instant oil Change, a Kentucky corporation (the
"Developers ").
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
WITNES SETH ; 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
(the "Subdivision"); and,
OUTLOT B BRACKEY WEST ADDITION
WHEREAS, the City Council has on April 14, 1998, 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 as 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 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.
3c 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 58th
Street as acquired by the City of Oak
Park Heights adjacent to this development
without the express written consent of
the City Engineer.
Co 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.
Da 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
plan as required by the 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 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.
I 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.
J Drainage and utility easements. 10 foot
drainage and utility easements shall be
provided along exterior boundaries of the
subdivision, but not along interior boundary
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.
DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
(SuperAmerica /Valvoline)
1. Boulevard and Swale sod $ 1,000000
2. Boulevard trees $ 5,000°00
3. Street signs $ - 0 -
4. Street lights $ 1,000000
50 Grading $ 6,000000
6e Erosion Control $ 3,300.00
70 Pond Protection & Restoration $ 2,500 ®00
80 Utility Protection & Repair $ 500000
9. Street Protection & Repair $ 2,000000
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $21,300.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 $ 4,300.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ 25,600°00
SECURITY REQUIREMENT (25%) $ 6,400.00
3. Connection Charges. 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. GENERAL:
TOTAL PLAN A LETTER OF CREDIT/
CONSTRUCTION ESCROW $ 32,000.00
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. Grading and Drainage Plans. 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.
Co Incor• oration 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 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.
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. The
Developers' liability regarding said prior
development agreement shall be limited to
Outlot B, Brackey West Addition.
De 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.
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.
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.
F. Handicapped 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 and shall be installed as
set forth on the approved site plan.
G. Landscaping. Final Landscaping plan is to be
developed and is subject to the approval by
the City Planner.
H. Trash RecepLg.cles o 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.
Zo Lighting. 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
401.1513.7 of the Zoning ordinance
J Signageo 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 final
plans must be approved by the City Council.
L. All cross - easements 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, 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 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.
Po 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.
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:
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 by the
City Council of constructing a monument sign
at Neal Avenue 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 way be illuminated. The
colored facade band on the Valvoline building
shall not be illuminated.
9
CITY OF OAK PARK HEIGHTS
By
David D. Schaaf
Mayor
Thomas M. Melena
Administrator
SPEEDWAY SUPERAMERICA
By
Its
By
Its
In the presence of:
STATE OF MINNESOTA }
) ss.
COUNTY OF WASHINGTON)
STATE OF
COUNTY OF
10
ASHLAND, INC., by and through
its division VALVOLINE INSTANT
OIL CHANGE
By
Its
By
Its
On this day of , 1998, before me a
Notary Public, within and for said County personally appeared David
D. Schaaf and Thomas M. Me Lena , to me personally known, being each
by me duly sworn did say that they are respectively the Mayor and
the Administrator of the City of Oak Park Heights, the municipal
corporation named in the foregoing instrument; and that the seal
affixed to said instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed on
behalf of said municipal corporation by authority of its City
Council and said Mayor and Administrator acknowledged said
instrument to be the free act and deed of said municipal
corporation.
Notary Public
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, a Delaware Limited
Liability Company, named in the foregoing instrument, and that said
instrument was signed on behalf of Speedway SuperAmerica by
authority of its Board of Directors and said
and acknowledged said instrument to be the
free act and deed of said limited liability company.
STATE OF
COUNTY OF
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 Ashland, Inc., by and through its division
Valvoline Instant Oil Change, named in the foregoing instrument,
and that said instrument was signed on behalf of Ashland, Inc., by
and through its division 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\devagree\superame\rev. 8/3/98
11
Notary Public
Notary Public