HomeMy WebLinkAbout2000-04-04 WC Recorded Document #3099073 - Development Agreement s
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CITY OF OAK PARK HEIGHTS 1111111111111
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WASHINGTON COUNTY,MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this 21 day of fi lG , 2000,
by and between the City of Oak Park Heights, a municipal corporation under the laws of the State
of Minnesota (hereinafter the "city"), and Robert L. Brackey and Janet M. Brackey, husband and
wife, (hereinafter "Brackeys "), and Champion Lodging LLC (hereinafter"Americinn").
WITNESSETH; That:
WHEREAS, the Brackeys and Americinn have made application to the City Council for
approval of a subdivision and development of land within the corporate limits of the City formerly
described as follows:
Outlot A Brackey Addition
(the "Subdivision"); and
WHEREAS, the applicants intend to replat Outlot A Brackey Addition; into Lots 1 and 2
and Outlot A, Brackey Second Addition; and
WHEREAS, the City Council has on October 26, 1999, granted approval to the
Subdivision, on the condition that the Brackeys and Americinn enter into this Agreement
stipulating the conditions for the installation of private 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 Americinn's expense by
the Americinn as hereinafter provided are hereinafter referred to as "Plan A Improvements".
1. PLAN A IMPROVEMENTS: The Americinn will construct at its own expense the
following as to lot 1 on which it is constructing its motel according to the following terms
and conditions:
A. Americinn shall do all site grading including building sites, 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, building 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.
B. Americinn 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. Americinn 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 may be
periodically required by the City shall be installed prior to development
when 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.
C. The Americinn shall place iron monuments at all lot and block corners and
at all other angle points on boundary lines. Iron monuments shall be placed
after all street and lawn grading has been completed in order to preserve the
lot markers for future property owners.
D. Americinn 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.
Americinn shall make all necessary adjustments to the curb stops to bring
them flush with the topsoil(after grading)or driveway surface.
E. Americinn shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City. All
commercial developments must submit a landscaping plan to the City for
approval prior to commencing construction. In no instance shall Americinn
plant more than 50 percent of the same type of tree. A detailed landscape
plan shall be submitted to and require the approval by the City prior to
commencement of final grading and landscaping construction on each site to
be built upon.
G. Americinn shall be responsible for street maintenance, including curbs,
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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. If and
when the street becomes impassible, such streets shall be barricaded and
closed. In the event commercial buildings are occupied prior to completing
streets, the Americinn shall maintain a smooth driving surface and adequate
drainage on all temporary streets. Americinn 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
Americinn.
H. Americinn shall furnish lights and site improvements in accordance with
the City's Design Guidelines and Zoning Ordinance.
I. Americinn shall dedicate and survey all drainage and utility easements as
required by the City as shown on the final plat or replat as may be required.
Americinn shall be responsible for storm sewer cleaning and holding pond
dredging, as required, by the City during the period of construction until
certification of completion of the project by the office of the city engineer.
J. Americinn 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 .
K. Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all lot lines for Lot 1 and Lot 2 Brackey Second Addition
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
(Americinn-Lot 1)
1. Boulevard and swale sod $ 1,500.00
2. Landscaping $ 5,000.00
3. Street signs $ nia
4. Street lights $ 504.00
5. Grading $ 12,000.00
6. Pond grading and seeding $ n/a
7. Erosion Control $ 2,000.00
8. Pond Protection& Restoration $ 5,000.00
9. Utility Protection&Repair $ 500.00
10. Street Protection&Repair $ 1,500.00
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TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:(Americinn)
$28,000.00
ESTIMATED ENGINEERING,LEGAL AND
ADMINISTRATIVE(20%): $ 5,600.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $33,600.00
SECURITY REQUIREMENT(25%) $ 8,400.00
TOTAL PLAN A ESCROW $42,000.00
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 and
constructed and placed under schedules for performance set by the city
engineer.
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. Subject to the provisions of paragraph 1 above, the Applicants
shall dedicate to the City, prior to approval of the final plat, at no cost to the
City drainage and utility easements. 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.
D. Faithful Performance of Construction Contracts. Americinn will fully and
faithfully comply with all terms and conditions of any and all contracts
entered into by it 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 Americinn it will
furnish to, and at all times hereinafter maintain with the City, a cash deposit,
performance bond, or an Irrevocable Letter of Credit, based on one hundred
and twenty-five 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
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and shall state thereon that the same is issued to assure performance by
Americinn 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,
cash deposit or Bond under the terms and conditions of this Agreement
should Americinn be a default of any of the obligations herein. The Cash
Deposit, Bond or Irrevocable Letter of Credit shall be renewed or replaced
by not later than twenty (20) days prior to its expiration with a like letter or
bond.
E. Reduction of Escrow Guarantee. The Americinn may request reduction of
cash deposit, Bond or the Letter of Credit or cash deposit based on
prepayment or the value of 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
Cash deposit, Bond or Letter of Credit up to the rate of $1.25 for every
dollar that has been paid out by Americinn provided that the project is on
schedule, Americinn 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.
4. Connection fees: The City Engineer has computed the connection fee as prescribed
by ordinance/resolution as to Outlot A and advised the City Clerk as to the appropriate fee to be
collected. Connection fees for Outlot A are due and payable upon execution of this agreement and
are as follows:
$207,480.00
After payment, no further connection fees for city utilities shall be collected for any
remaining portion of Outlot A of Brackey Addition("THE SUBDIVISION").
5. The Americinn and/or Brackey shall reimburse the City of Oak Park Heights for all
previous expenses relating to this development and for future engineering, legal and administrative
costs relating to the public improvements involved and to be incurred by the City of Oak Park
Heights in this development. Americinn and Brackey may agree to assign such expenses between
them but absent any such agreement Americinn shall pay expenses relating to Lot 1 and Brackey
pay expenses relating to Lot 2 and the remainder of Outlot A
6. GENERAL:
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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. 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
Americinn and/or Brackeys.
B. Final Plat Approval. The City agrees to give final approval to the
replat of Outlot A upon execution and delivery of this Agreement
and of all required documents and security, subject to compliance
with the Ordinances of the City and terms and provisions hereof.
C. Incorporation of Reference. The detail and reports set forth in the
file of the City Planner (Northwest Associated Consultants, Inc. File
No. 798.02 — 99.10) are incorporated by reference herein. The
conditions imposed by order of the city council are annexed hereto
as Exhibit A and shall be complied with by Americinn and
Brackeys.
D. The City of Oak Park Heights may file the Developer's Agreement
of record in the office of the County Recorder.
E. Establishment of Construction Schedules. Americinn shall suggest
construction schedules for Plan A improvements which shall be
subject to the review and approval of the City Engineer.
F. Outlot Development. Except as permitted herein affecting Lot 1,
Brackey Second Addition (formerly part of Outlot A, Brackey
Addition) no outlot or portion thereof is eligible for a building
permit pursuant to §402.01 Subd. P until the same is replatted
pursuant to the ordinances of the City of Oak Park Heights. No
further development on the remaining portions of Outlot A and/or
Lot 2 Brackey Second Addition (formerly part of Outlot A of
Brackey Addition) will be allowed until such time that Brackey's
and the City have agreed in writing on a traffic and circulation
patterns to be implemented for the benefit of that lot and adjacent
lands.
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G. Rezoning. The City has rezoned Lot 1, Brackey Second Addition
from "O" open space to "B-2" as provided in City Ordinance 401.11.
Lot 2 Brackey Second Addition (formerly part of Outlot A Brackey
Addition) shall remain "0" open space until so modified by future
action of the City Council, if any, following an application to rezone
being submitted.
H. Easements. All public utility and drainage easements shall be
depicted on the plat and dedicated to the City of Oak Park Heights.
I. MnDOT Approval. Final plat approval shall be subject to the
comments and recommendations of the Department of
Transportation as provided pursuant to Minn. Stat. §505.03, subd. 2.
J. Water Management Organizations. Americinn shall secure approval
from all water management organizations affected by this
development prior to final approval.
K. Replat. Americinn and Brackeys shall submit the replat of Outlot A
Brackey Addition to the city and upon city approval thereof legal
descriptions in this development agreement shall be amended
accordingly if needed.
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 OAK PARK HEIGHTS
1. a By
David chaaf
Mayor
By
Thomas Melena
Administrator
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In the presence of:
By 14, j (-S)----a---N
Robert L. Bracket'
BY °s_ t),
Janet M. Brack
CHAM1 I I L.L.C.
i•Bire:f/f
Affitirr
--And,B "/ iv e a '-4-
its
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Its c% - (fiefsi:iL 7
STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON )
On this 3C day of i-),,L i\ , 2000, before me David Schaaf and Thomas
Melena, to me personally known, being each by me duly sworn did say that they are respectively
the Mayor and the 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 acknowledging
execution of same,to be the free act and deed of said municipal corporation.
KIMBERLY J.KAMPER Notaiiy leublic `�
NOTARY PUBUC-MINNESOTA
s ', lily CAmnissioo Expires Jan.31,2005
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STATE OF MINNESOTA )
: ss.
COUNTY OFN )
On this , t1 day of YV\c .t lti_ , 2000, before me a Notary Public, within and for
said County personally appeared ROBERT L. BRACKEY and JANET M. BRACKEY, husband
and wife, to me personally known, being each by me duly sworn did say that they are respectively
the persons named in the foregoing instrument; and that said instrument was signed by ROBERT L.
BRACKEY and JANET M. BRACKEY as their own free act and deed.
6'"" -q DIANNE HENSLEY `
NOTARY PUBLIC-MINNESOTA Notary Public
... My Comm.Exp.Jan.31,2005
STATE OF MINNESOTA )
: ss.
COUNTY OF WA" :GTON )
On this o2k- day of inGu.. t. , 2000, before me appeared / ,,f, ,__ aand oz * known to me to be theand
of Champion L.L.C.; respectively,and Che same=the the foregoing
development agreement on behalf of Champion L.L.C. representing that they had full authority and
power on behalf of said entity to do so and affixed their signatures hereon as their free act and deed
on behalf of said entity. if e .Ttn.. fba. tta.
•.7-1-2 s elk
, 1" 4 DIANNE HENSLEY
NOTARY PUBLIC-MINNESOTA
4>4.,\,..1_,
4 My Comm. Exp.Jan.31,2005
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers,Briggs, Wolf& Vierling, P.L.L.P
1835 Northwestern Avenue
Stillwater, MN 55082
(612)439-2878
oph\devagree\brackey\March 24,2000
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EXHIBIT A
Page 1
This Exhibit is incorporated by reference into the terms and conditions
of the Development Agreement
1. The north and east facades are revised to utilize three forms of Grade I materials
and Grade I and Grade II materials must represent at least 65 percent of the respective facades.
2. The parking islands and landscape plans are revised as illustrated on Exhibit C-3,
subject to further review and approval of the City Arborist.
3. Additional landscaping is provided at the southwest corner of the property.
4. The site plan is revised in consideration of the revised landscaping to provide a
total of 61 off-street parking stalls.
5. An enclosure is provided for the exterior trash container, subject to review and
approval of the City Building Official.
6. The freestanding sign shall be redesigned to conform to the Design Guidelines
and a monument sign is suggested instead of the proposed pylon sign.
7. All grading, drainage and utility plans are subject to review and approval of the
City Engineer.
8. The applicant shall enter into a development contract with the City and post all
required securities, subject to review and approval of the City Engineer and City Attorney.
9. The applicant shall receive approval from MnDOT and the City Engineer for the
proposed access to 60th Street.
10. Comments of other City staff.
11. Approval of the preliminary and final plat shall be subject to providing all
required easements and shall be subject to the review and approval of the City Engineer.
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Office -`the
Count , Arder
Washington-County, MN
Certified filed andlor recorded on:
2000104/04 4:11:00 PM
3099073
Clndy Kooamenn
*.: County Recorder
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I 'earre'. !'By.
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