HomeMy WebLinkAbout2021-05-10 WC Recorded Document 4312069 - 08-10-2020 Developer's AgreementReceipt:# 539105
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4844 North 300 West
Suite 202
Provo UT 84604
4312069
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Certified Filed and/or recorded on:
5/10/2021 2 27 PM
01611 K111-:1
Office of the County Recorder
Washington County, Minnesota
Debra Ledvina, County Recorder
DRAFTED BY/RETURN TO:
Kevin S. Sandstrom
Eckberg Lammers, P.C.
1809 Northwestern Avenue
Stillwater, MN 55082
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being duly qualified and acting as City Administrator for the City of Oak
Park Heights, Minnesota DO HEREBY CERTIFY that the attached document(s):
Developer's Agteenm nt — dated - 8/20/20
made and entered into by and between the City of Oak Park Heights and David C. Triemert Jr.
and/or Central Automotive LLC, has been placed on file at the offices of the City of Oak Park
Heights, and that the same is a full, true and complete original of said document within the files of
the City of Oak Park Heights.
WITNESS my hand and the seal of the City of Oak
2021
on, City'Administratar
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this day ofqlas
2020, by and
between the City of Oak Park Heights, a municipal corporation under the of the State of
Minnesota (the "City"), and Central Automotive, LLC a Minnesota Limited Liability Company, (the
"Developer").
WITNESSETH
WHEREAS, the Developer has made application to the City Council for approval of a
Conditional Use and Design Guideline Site Review permits to operate an automotive repair
business on land within the corporate limits of the City described as follows:
Lot 1, Block 1, Oak Park Heights Auto Plaza 2nd Addition,
Washington County, Minnesota
(the "Project"); and,
WHEREAS, the City Council has on May 28, 2019, granted approval to the Project, on the
condition that the Developer enter into this Agreement stipulating the conditions for the installation
of certain 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 pond and storm water conveyance facilities, 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 project 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 re -spreading 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 59th Street or Osgood Avenue in City of Oak 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 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 permits and plan approvals and as required by the
ordinances of the City. Final landscaping plans must be submitted to the
office of the City Planner and City Arborist for approval.
F. During construction 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 project 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 repair of any damage done to the streets or public
utilities by Developer or any of its Contractors or Subcontractors, shall
remain the financial responsibility of Developer.
G. The Developer shall furnish site lighting in accordance with the City
Ordinance requirements pursuant to a plan which must receive the approval
of the City Planner.
H. The Developer shall dedicate easements over and survey all drainage, utility
and storm water holding ponds as required by the City and to be shown on
the final plans. The Developer shall be responsible for storm sewer cleaning
and holding pond dredging, as required, by the City prior to completion of
the development and thereafter in perpetuity. An Onsite Stormwater
Facilities Maintenance Agreement on the storm water pond and drainage
pathways shall be prepared by the City attorney and executed by Developer
in the manner and form appended hereto.
The City of Oak Park Heights is requiring Developer to dedicate easements
over storm water drainage areas and holding ponds to serve Developer's
project. Such areas are incorporated within the drainage easement depicted
on the final plans and upon execution of this Development Agreement and
the recording of an easement for that purpose conveyed to the City of Oak
Park Heights.
I. 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
City awarding construction contracts for public utilities.
Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all lot lines on the site. A 30 -foot easement is located on
the southern property line. Developer shall preserve a 20 foot drainage,
utility and right of way easement in favor of City, and shall undertake
proceedings to vacate the excess 10 -feet of easement on the southern
property line.
K. Wetland Designation. All areas classified as wetlands shall be displayed
upon the plans and those so specified by the City Engineer shall be dedicated
to the public for that purpose.
L. Warranty of Title.
By its execution hereof Developer hereby warrants and represents that it has
or will obtain the exclusive and marketable fee title to the subject property.
Developer further warrants and represents that there are no liens or
encumbrances against the title and that it is fully authorized to execute this
agreement as the fee owner of the subject lands.
M. Fire Hydrants.
Any fire hydrants on the development shall incorporate an AFC- Waterous
Storz Nozzle. The hydrant pumper nozzle shall be of one-piece design,
compatible with a five inch Storz hose coupling. The nozzle shall be an
integral part of the fire hydrants and must be furnished by the manufacturer
or authorized distributor designated by the manufacturer. Storz adapters will
not be accepted.
N. Utility Locations in City Right of Way.
In order to maintain compliance with Minnesota Office of Pipeline Safety
regulations, the Developer and its contractors, subcontractors, and agents
shall comply with the following requirements:
1. All right of way work shall require an application with a plan that
shall be submitted for city review prior to any work performed in
the right of way areas.
2. The layout of utilities, including depths, off -sets and materials
shall be documented during construction and confirmed with city
staff during the installation process.
3. Single family residential lots are required to submit an accurate tie
card showing the utilities installed and measurements from fixed
objects (corner of house, fire hydrants, etc.) to the curb stop,
location pins, clean outs and tie in points for all utilities.
4. Multi -family and commercial lots must provide, in addition to the
above, professional as built drawings confirmed by field survey,
showing the required information. In addition Engineering grade
GPS coordinates in the Washington County coordinate system
shall be supplied by the builder. These will allow the coordinates
to be electronically incorporated in to future city mapping.
5. All installations will require pins be installed directly above all
utility lines where they cross lot lines. A corrosion protected trace
wire shall be installed six inches below final grade directly above
all new utility installations at a minimum through the right of way.
The trace wire and tail shall be terminated in a capped vertical
conduit that is within two inches of the final grade and pin located
at the lot line.
6. The Developer shall hold harmless and indemnify the City of Oak
Park Heights from any and all loss or damage resulting from its
failure to comply with these requirements including but not limited
to expenses the City incurs in correcting errors in information
2.
provided by Developer its agents or contractors or remediating
problems resulting there from in the right of way.
7. Upon failure to provide full documentation as required the City
shall notify he Developer who shall have 30 days to secure full
compliance. Failure to comply will result in the work being
assigned by the City to an outside professional for completion of
the necessary work. Any costs incurred in resolving these
requirements shall be assessed to the property or offset from
security required under this agreement.
8. City staff shall document the time and materials required to
review, confirm and accept the installation documentation and
shall invoice Developer for the costs based on the actual work
involved or on a fee schedule adopted by the City Council.
O. Underground Installation of Electrical Distribution Lines. Pursuant to City
ordinance Chapter 1008 all electrical distribution lines located or to be located
upon the site shall be installed and maintained underground.
DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
1. Boulevard and swale sod $500
2. Landscaping $35,000
3. Street signs n/a
4. Street lights n/a
5. Grading $15,000
6. Erosion Control $1,500
7. Pond Installation & Restoration $10,500
8. Utility Installation & Repair $5,500
9. Street Protection & Repair $500
10. Sidewalks n/a
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $68,500
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (+20%): $13,700
Subtotal:
EXCESS SECURITY REQUIREMENT (+25%)
TOTAL PLAN A ESCROW
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
$82,200
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, upon approval of the
final plat, 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.
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 of this Agreement,
Developer or its general contractor shall provide a Letter of Credit to the
City of Oak Park Heights in a form to be approved by the City Attorney,
guaranteeing the performance by Developer of the construction of the Plan A
Improvements in a timely and proper manner. Additionally, Developer
guarantees and agrees that, should the City of Oak Park Heights need to
apply a claim on said Letter of Credit, that Developer shall pay all attorney's
fees and administrative expenses associated with said action.
E. Letter of Credit Term. The Developer's Letter of Credit shall be issued for a
period of time not less than one (1) year in duration.
4. Connection Charges & Park Dedication. If not previously paid, 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. Connection fees for
all lots and blocks are due and payable upon execution of this agreement and are as
follows:
Sanitary Sewer $ 7,290.40
Water $37,884.60
Storm Sewer $ 5,909.80
The City reserves the right to modify or adjust the manner of computation of
connection fees from time to time which may adjust or increase the connection fees
at such time as they become due.'
If not previously paid, Park dedication fees shall be paid by the Developer and shall
be consistent with City Ord. 402.08 E.2; the City shall require payment of a cash
dedication equal to ten (10) percent of the gross land area within the development.
Calculated at an assumed "Arms -Length" Sale Prices X 10% _ $58,300. Final sale
price shall be verified via purchase closing documents, appraisal and/or county
assessor. 2019 Assessed Land Value of $581,300 shall be used as the place holder
and may be modified up or down by the City with correct and verifiable data.
5. City Responsibilities. Pursuant to the Conditions imposed by the City, the City will
agree to grant vacation of 10 feet of the public easement area along the southern
property line, upon proper application and vacation process by Developer.
6. CASH ESCROW ACCOUNT. The Developer steal rovide a cas es row account
to the City of Oak Park Heights in the amou t of $5,000.00 to eimburse the
City of Oak Park Heights for previous bi d expense relating to this
development.
7. 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 Project 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
1 2020 Rates Per Acre: Sanitary $2,804; Water $14,571; Storm $ 2,273 Total
Estimated Acres: 2.6+/--.
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 Project and all recording fees, if any, shall be
paid by the Developer.
B. Final Plan Approval. The City has given final approval to the plans
of the Project upon execution and delivery of this Development
Agreement, and of all required documents and security, subject to
compliance with the Ordinances of the City and terms 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.
1. Conditional Use Permit Issued May 28, 2019
2. City Planner Report dated May 2, 2019
3. City Engineer Report dated May 2, 2019
D. Administrative and Miscellaneous Expenses. 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 may be
offset against the Letter of Credit or other proffered security 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 security holder 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.
E. Establishment of Construction Schedules. The City Engineer shall
establish construction schedules for Plan A improvements and shall
consult with Developer prior to establishing same.
F. Landscaping. A final landscaping plan shall be developed and
submitted to the City Planner by Developer. In addition the
following modifications to the landscape plan shall be implemented
subject to final modifications by the City Planner:
H. Trash Receptacles. trash receptacle areas have been designated on
the site plan for the building.
L Li htin . 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 401.1513.7 of the Zoning Ordinance.
Signage. A final 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 the submitted landscape plan resulting from changes
to the stormwater ponding areas shall be subject to review and
approval of the City Council.
L. Indemnification:
To the fullest extent permitted by law, the Developers shall
indemnify and hold harmless the City of Oak Park Heights, its
agents and employees from and against any and all claims,
damages, losses or expenses, including but not limited to attorney's
fees, arising out of or relating to this Developer's Agreement by the
City of Oak Park Heights and/or arising out of the performance or
non-performance of its obligations hereunder by Developer.
8. Council Conditions: the following conditions of approval have been imposed by the
City Council for this Development:
The application submitted by Developer for a Conditional Use Permit and all conditions noted in
the approved Conditional Use Permit as follows:
1. The CUP is subject to approval and recording of the final plat of the site to amend
its out -lot status, with the final plat subject to review by the City Engineer and City
Attorney.
2. Pursuant to final plat approval, the 30 -foot public easement at the south property
line shall be reduced to 20 feet, and Applicant shall undertake all steps necessary to
vacate the other 10 feet of easement area.
3. The applicant shall be required to enter into a Development Agreement. The
development agreement shall be subject to the review and approval of the City Attorney
and City Council.
4. Connection charges and park dedication shall be paid in accordance with the
provisions of the Development Agreement.
5. The final public roadway access point shall be subject to review and approval by
Washington County.
6. The grading, drainage and utility plans shall be subject to the review and approval
of the City Engineer. The drainage plans shall be subject to the review of the Middle St.
Croix Watershed District. The onsite stormwater drainage pond/structures shall be
subject to all maintenance and upkeep requirements in the Development Agreement.
7. All lighting fixtures shall be full cut off and installed in compliance with the
lighting standards of the Zoning Ordinance.
8. The outdoor lighting shall be turned off one hour after closing, except for
approved security lighting. Any security lighting on the east elevation shall be
installed as a motion sensor fixture
9. The landscape and tree removal/replacement plans shall be reviewed and
approved by the City Arborist.
10. All signage shall be reviewed and approved by City Staff for conformance with
Zoning Ordinance standards.
11. All noise generated from the store shall be compliant with Section 401.15.13.11 of
the Zoning Ordinance. The service doors to the building shall be closed at all times
except when vehicles are moved in and out of the service bays.
12. Mechanical equipment that is located on the roof or visible from street level or
from neighboring properties shall be screened with materials that blend harmoniously
with the building fagade materials and in accordance with Section 401.15.E.10.e of the
Zoning Ordinance.
13. The final building design standards and site plan shall conform to the plans and
specifications as submitted to and approved by the City Council.
14. The final building material selection and colors shall conform to the plans and
specifications as submitted to and approved by the City Council.
15. There shall be no outside storage, including tires or auto parts. No storage shall
be allowed in trailers parked on the property.
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:
STATE OF MINNESOTA
COUNTY OF WASHINGTO
On this "day of
said County personally appez
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 sa"strument to be the free act and
deed of said municipal corporation.�
Public
In the presence of:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
entral Au o ive, LLC
David Triemert, Jr.
Its Managing Member
On this !µday of Aa F , 20before me a Notary Public, within and for
said County personally appeared David Triemert, Jr. to me personally known, being duly sworn did
say that he is the Managing Member of Central Automotive, LLC a Minnesota Limited Liability
Company, named in the foregoing instrument; and acknowledge instrument to be the free act
and deed of said Central Automotive, LLC.
��s'P ��k� Ifi C ✓'
THIS INSTRUMENT WAS DRAFTED BY:
Kevin S. Sandstrom
Eckberg Lammers, P.C.
1809 Northwestern Avenue
Stillwater, MN 55082
(651) 439-2878