HomeMy WebLinkAbout01-26-10 Worksession Packet a
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CITY OF OAK PARK HEIGHTS
CITY COUNCIL WORKSESSION
TUESDAY, JANUARY 26, 2010
6000 P.M.
I. Presentation by Toth Engineering
II. City Hall facility
III. Meeting with fine Grove Garden
IV. Adjourn
Pagel of 34
City of O ak Park Heights
14168 Oak Part: Blvd. N a Box 2007 o Oak Park Hcights, MN 55082 e Phone (651) 439 -4439 e Fax (651) 439 -0574
January 21, 2010 _
MEMO
TO. City Council Members
FROM: Eric Johnson, City Admi is �
RE. Worksession Agenda item.s or Jars 26 201 0o
A short synopsis of each item;
Meeting with Pine Grove Gardens:
In December, the City Council scheduled a meeting with the fine Grove Gardens Homeowner's
Association to discuss the MNDOT proposed layout for the south frontage road. Staff will have
site layouts available; as well as the Development File for such site. Council will note that the
Development Agreement (enclosed) with Pine Grove Gardens does clearly indicate that the
City has not provided a "final position" on the St, Croix River Crossing ._ see sections I & K.
Generally speaking, what communications the Developer had with these home buyers is
unknown. However the plans submitted by the Developer clearly did demonstrate the proposed
location of this frontage road; so it was patently obvious that the Developer was aware of this
possibility.
Lastly, regardless of any possible MNDOT project, the City could not have utilized the MNDOT
project as a meaningful reason to reject the application as the Developer could have
suggested that the City engaged in an act of "inverse condemnation ", precluding a
development because of a possible MNDOT project.
Foth Engineering:
Representative from Foth Engineering will be making a short presentation to the City Council
about their firm and services.
City Mail Facility:
Randy Engel will be present at the meeting to provide a general update on the project. We will
discuss the item related to the light -poles (see City Council packet). Enclosed is the updated
schedule - (last three pages in this memo packet).
Page 2 of 34
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3502491
11
office of the county Recorder
Washington County, MN
Certified filed andlor recorded m
8/22/2006 1039AM
Ooctlment:OAG $46.00
f 3602491
p :+ BY County Recorder:
Ralurll U):
GCKP,ERG LAMMIERS BRIGGS %NOLFF & VIL-
1809NORTHWES7'LRN AVENUE
SUITE '1 10
SMt WAT£R MN 56682
RE- RECORDED CrTY OF OAK PARK HEIGHTS WAS"INGTON COUNTY,
MINNESOTA DEVELOP'ER'S AGREEMENT
Re- recording to have the agreement filed against the Plat of Pine Grove Gardens,
Originally recorded on June 21, 2006, as Document No. 3591694. �
Washngton County Auditor's Office
% Assessment, Taxpayer Services
& Elections Department
AUG 2 2 2006
Eivi4w by,
�AuO
359169
r
CI'T'Y OF OAK PARK HEIGH'T'S
WASHINGTON COUNTY, MINNESO`T'A
DEVELOPER'S AGREEMENT
THIS AGRETM:ENI', made and entered into this r�'tfay of'May, 2006? by and between
the City of walk Park Heights, a municipal corporation under the laws of the State of Minnesota (tile
"City ") and Oak Park l leights Development LLC, (the "Developer ").
WITNRSSE'> flI
WHEREAS, the Developer has made application to the City Council for approval of the
Concept and General Plan of Development and ]'final flat of a plat of lane! within the corporate limits
of City described as follows:
P]NE GROVE GARD1JNS
See At €ached ]Lxhibit A
(the "Subdivision "); and,
WHEREAS, the City Council has on May 24, 2005, printed approval to the Subdivision, on
the condition that the Developer enter into this Agreement stilpulatiilg the MldilioiIs for the
installation of street, water, seWCI and other ]3ublic improven as well as the development of on-
site irllprovenlcilts hereinafter described, all ill accordance will tile, terms and conditions hereinafter
set 16rth.
NONAV, THEREFORE, in consideration of file premises and of tile Illilwal promises told
conditions hereinafter contained, it is hereby agreed as follows;
Designation of lnlprovenlenls: lnlprovemenis to be installed at Developers expense by the
Developer as hereinafter provided are hereina{Icr referred to as "Plan A Improvements ".
Improvements to be installed by the City and paid for by Developer are hereinafter referred to as
"Plait 13 Illpravcments ".
1. PLAN A IMPROVEMENTS: The Developer will construct at Developer's
expense the following improvulellts under Plan A according to the following terms
and conditions:
A. The Developer shall do all Site grading, commoo greenway and open spaces,
slorm 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 conimeilceinent of any site grading, Any changes to the grading plan
during construction shall be submitted to the City for approval. Each
Page 9 of 34
building site rnnust confor to the grading plan approved by the Building
Inspector of the City of Oak Park Heights prior to a buildi permit being
issued,
B. The Developer shall control soil erosion ensuring:
1. All development shall confor to tine natural limitations presented by
the topography and sail of the subdivision in order to create the best
potential for preventing soil erosion. The Developer shall subrrrit an
erosion control plan, detailing all erosion control measures to he
impleme €iced during construction, said plan shrill be approved by the
City prior to the commencement of site grading or construction.
2. Erosion and siltation control nneasures shall be coordinated with the
different stages of development. App € - opi - jate control measures as
required by the City Engineer shall be installed prior to developn
and as may be necessary to control erosion.
�. 1,and shall be developed in inca 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 oftinnc.
4. Where the topsoil is removed, sufficient arable; soil shall be set aside
for respreading over the developed area. 'I'hc topsoil shall be restored
to a depth of at ]cast four (4) Inches and shall bu 01 a quality at legs(
ec]ual to the soil quality prior to development.
S. The Developer shall not locate 'Its equip €rient within the right - of voay
of Oil green Avenue adjacent to this development without the
express written conscrnt 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
alley all street and lawn grading has been completed ill artier 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 %vith the topsoil (after grading) or driveway sin aw.
2
Page 10 of 34
1 . The Developer shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City. I
landscaping plan must be submitted to the office of the City Hamm for
approval .
F. The Developer shall be responsible tor' 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 Oil sank and directing attCl16011 to detOUI'S. The I'Cpail'
of any damage done to the streets or public utilities by Developer or any of
its Contractors or Subcontractors, shall remain (he financial responsibility of
the Developer.
Ci. The Developer shall furnish site lighting in accordance with (11e City
Ordinance requirements pursuant to a plan which must receive tine approval
of the City " Planner.
Cien e.a� lZe_ uircments:
1 -1. The Developer shall dedicate a reasonable portion of (his proposed
subdivision as the City Council reasonably determines to the public for
public uses as parks, playgroMI(IS, public open space, trails, or other
conditions as required by the City and as shown on the final plat. In fieLl of
complete land dedication, Developer shall up011 execution of this Developer's
Agreement, pay a park dedication fee now prescribed by ordinance and /or
resolution. The cash park dedication fee Cor (his subdivision, including the
Outlot A , is in the 11110LIDI Of $91,0 00.00. I'11e Developer shall be provided a
credit not to exceed $9,000.00 for' 1110 co)lstl'Llctiorl Of segilnen(s of the city
(rail system adjacent to the Development but outside of the Development
boundary and on City controlled land. The credit shall be applied against the
$91,000,00 park dedication fee and Devclopc;r Shall supply the City langineer
with reasonable, documentation of DevClopers expenses incurred in the
construction of the connecting sogmerlt of the public trail between this
Development and the existing city trail system.
1. The .Developer shill dedicate and survey all drainage and storlll water
holding ponds as required by the City and to be shown curl the final plat. 1110
Developer shall be responsible for storm sewer cleaning and holding pond
dredging, is required, by the City prior to completion of the development.
`File City of Oak Park heights is requiring Developer to dedicate storm water
drainage areas and holding ponds to serve Developer's project. Such areas
3
Page 11 of 34
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 ofOak Park Heights.
J. Ilse 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 MuDOT access permits for the two
accesses (into the MnDOT Frontage. Road.
K. Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all lot lines in the plat of Pine Grove Gardens,
L. Wetland Designation. All areas classified as wetlands shall be displayed
upon (lie plat and those so specified by the City Engineer shall be deddCttted
to the pr.€blic I'or that puriosc-
M. TI - CC Protection and Clearing:
The llcveloper mrrst have the City Arborist or a person under her designation
providing on -site supervision Lund direction durfiig the clearing process. Prior
to the clearing operation bCing initiated all clearing limits and trees to be
protected shall be clearly marked. Tree protection fencing shall be installed
and maintain(d until Ale) grading is co mplete. All 1e€rcing shall be installed
at least 2.0 feet distant berm the trunlCS of lau shade trcos. (deciduous) and
around coniferous trees no closer than the drip line. Sill fencing may not be
used as a substitute for tree protection fencing. Fencing shall be orange in
color with steel posts at 6-8 foot intervals. The City Arborist shall be
contacted by llcveloper i - or an inspection alter the iesicing is installed,
O. Warranty of'Title.
By its execution hereof' Developer hereby warrants and represents that it has
the exclusive € €r€cl marketable fee title to the subject property. Developer
Furlher warrants and represents that there are no liens car MCUmbranees
against the title and that it is fully authorized to execute this agrcement as the
fee owner of the subject lands. Developer may use subordination agreements
for existing lenders now encumbering the property in the form provided from
the city attorney's office to comply With the provisions of this section.
P, fire Hydrants.
All fire hydrants throughout the development shall incorporate an AhC:-
Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one -piece
design, compatible with a five inch SlOrZ hose coupling. The nozzle shall be
4
Page 12 of 34
all integral part of the file hydrants and must be filrnishe'd by the
lnallufacturer or authorized distributor designated by the mallufacturel'. Storz
adapters will not be accepted.
Q. Utility Locations in City flight of Way.
hi order to maintain compliance with regulations Ix•olllzllgated fi•onl the
Minnesota Office of Pipeline Safety the developer, its contractor's,
subcontractors, and agents shall comply with the following requirements:
I . All right of way work shall require all appliUlion with a plan that
shall be sublllittecl for city review prior to any work performed in
the right 0 f way areas.
2. The layout of utilities, including depfi]ls, off -Set9 and materials
shall be documented during construction and confirmed with city
staff during the installatiorl process.
I Single family residential lots are required to submit an accurate tic
card showing the utilities installed ante mcasurenleltts fionl fixed
objects (tourer of' house, fire hydrants, etc.) to the curb stop,
location bins, (,]call outs and €ie in points Im all utilities.
1.l. Multi- farllily and coil, m rcial lots must provide, in addition to the
above, professional as built drawings confirmed by field survey,
shoving the required information. In addition ]sngillecring grade
GPS coordinates in the Washington Cou coordinate system
shall be supplied by the builder. These will allow the coordinates
to be electronically incorporated in to illtur city nlappillg.
5. All installations will require bins be installed directly above all
t.ltility lines where they cross lot lines. A corrosion protected trace
wire shall be installed six inches below final grade directly above
all new utility installatiolls at a mininlunl through the eight of way.
The trace wire and tail shall be terminated in a capped vertical
conduit that is within two inelles of the final grade and pin located
at the lot line.
b. The Developer shall hold harmless and incfenlnify the City of Oak
Park Heights from any and all loss or damage resulting fi•onl its
faiiul•e to colllply with these requirements including but not limited
to expenses the City incurs in Correcting el•rol's ill information
provided by T)evcloper its agents or contractors or remediating
problems resulting there from Ill the fight of Way.
7. Upon failure to provide full documentation as required the City
shall notify lie 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
f�
Page 13 of 34
the necessary work. Any costs incurred in resolving these
requirements shall be assessed to the property or offset from
security required under this agreement.
S. City staff shat! document the time and materials r to
review, confirm and accept the installation documentation and
shall invoice Devcloper for the casts based on the actual wank
involved or on a fee schedule adopted by the, City Council.
2. DESCRIPTION OI{ PLAN A IMPROVEMENTS ESTIMATED COST
1, Grading; and Erosion Control ;160,700.00
2. Sanitary Sewer $38,800.00
3. StIvets $79,300.00
4. Water Main $ 60,200,00
5. Storm Sewer $ 54,800.00
6. City lnspeciior3 of Utilities $ 23,600.00
8. Utility I''rotection & Repair incl
9. Street Protection & Repair incl
10, l.,andscapin�, street signs, utility protection and repair $14,319.00
TOTAL f SIMATI-1) CONSTRUCTION COST
OF PLAN A 1MPROVI: $ 461,719.00
FS'I'1MATED LNG1NEER1NG, LEGAI, AND
ADMINISTRATIVE (20 %r): $ 92,434.00
TOTAL l Si IMATEID CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ 554,406.00
SECURITY UQUIRT MI NI' (25 %) $ 138,515.00
TOTAL. PLAN A ESCROW $ 692,921.00
6
Page 14 of 34
3. CONSTRUCTION OF PLAN A IMPJWVF.MENTS.
A. Constrltetion. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
B. All of the work shall be under and sui?jecl to the inspection and
approval of the City acrd, where appropriate, any other governmental agency
having, udsdicdon.
C. f asernents. The Developers shall dedicate to the City, upon approval of the
final plat, at no cost to the City, all permanent or temporary easelDeclts
nCCCSsary Al the construction and installation of the Plan A and Plan 13
]mprovemems as determined by the City. All such easements required by the
City shall be in writing, and ill recordable form, contail hg 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 affeets till easeincnts located outside the platted area, tile: Sallie
shall be dedicated by separate casement conveyed to the City of Oak Park
Heights prior to the execution of the Development Agrecnlevi.
17. t?aitl q . 1) . gLf: tLi ance C onstruction CoMmcts. The Dmaloper will fully
and 1.'aithfully comply with all terms and Conditions of any and all contracts
entered into by the Developer lbr the installation and construction of all flan
A Improvements and hereby guarantees the workmanship and materials for• a
period of one year h)ilowing the City's final acceptance of the flan A
improvement's. CclnccuTUtly with the execution of this Agreement,
Developer or its general contractor small provide a letter of Credit to the City
of Oak Park heights in a form to be approved by the City Attorney,
guarala10611g 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 h6glas wed to apply
a claim on said I,ctter of Credit, that Developer shall pay all attorneys fees
and administrative expenses Associated with said action.
E. Letter of Credit. The l ,ctter of Credit shall be issued for• a period of tilde not
less than we 0) year in duration, The Letter of Credit shall also be extended
for a period of bilge up to an additional year oil demand Of (Ile City should the
Plan A improvements not be completed within 11 months from the date
hereof.
Page 15 of 34
li. Security to be Iiled with the City
Lotter of Credit. The Developer shall post security in the 1`61 - n of a letter of
credit from Central Bank to secure the construction the flan A improvements
in the sum of 9692,921..00.
No work shall be commenced under this Agreement until the Developer
shall have filed with the City the security (Letter of Credit), in the amount
of $692,921.00 being the estimated costs for the Thin A i ill provcments with
security and engineering above. The Irrevocable Letter of Credit shall be
for a minimaurr period of one year and shall be filed with the City prior to
the Final flat being recorded. If either of flit Irrevocable Letter of Credit:
expires prior to the improvements as specified herein being completed, it
shall be renewed or replaced not later than thirty (30) trays prior to it's
expiration, with a like Irrevocable I.,etter of Credit; and if not so replaced
the City may declare the Developer in default hereunder and exercise its
righ(s and remedies matt may draw on said Irrevocable L,ettcr of Credit for
the remaining improvements. The Irrevocable Letter of Credit shall be I61
the exclusive use and benefit of the City ofOak Park Fleights.
G. Retluot_io of S eciu'ity..C;uaranty for 1 _A lmprove€ oji(,s: The Developer
may request r•edi.rctio:l Of the Letter(s) of Credit based upon prepaymc,nt
or the value of [lie completed Plan A Improvements at the timc of the
recuested reduction. if city engineer evaluations are requested, the
Developer will be responsibIc for the estimated costs incurred by the City
for performing the additional evaluations. The amount of reduction will
be determined by the City. In no event shad the security guarantees be
less than five percent (5 %) ofthe original security guarantees until all Plan
A Improvements have been approved and accepted by tlac City.
f 1. It is agreed that all labor aid work shrill be clone and performed in the best
and most workmanlike manner and in strict conformance with the
approved plans and specifications on File with the City Lngincer. No
deviations from the approved plans and specifications will be permitted
unless approved in writing by the City Engineer or his designee.
I. "I °hc Developer shall be responsible for street urrintenancc, inducting curbs,
boulevards, sod and strect sweeping until the project is complete (this
includes Oal(green Ave adjacent to the development). All strects shall be
maintained free of debris and soil until the suhciivision is completed.
Warning signs shall be placed when hazards develop in strects to prevent the
public from traveling on same and directing attention to cictocu:s. Flagnicn
may he required by the city to control traffic on Oakgr=i Ave. during, the
II
Page 16 of 34
pro which will be provided by Developer at its cxpcnsc, 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 o €"the
Developer.
4, PLAN 13 INIPROVEMENTS. The following improvements will be installed by the
City at the Developer's expense according to the following terms and conditions:
A. Street improvements $ $3,600.00
13. Lrosion Control $ 2,750,00
C. Restoration $ 8,580.00
1). Surveying $2,500.00
TO'a'i1I, ESTIMATED CONSTRUC ION COST
OF PLAN 11 1MP1Z0V1'Ml NTS: $103,430.00
F;STIMATF'D 1 NG1NrT`RlNG, 1.1'GAI, AND
ADM 1NIfiTRATJVI (25 %): $ 25,858.00
TOTAI., CONSTRUCTION COST $ 129,288.00
Required Security posted (25%) $ 32,322.00
"total Deposit $ 161,610.00
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Page 17 of 34
A. Cons truction. After the preparation of preliminary playas and
estimates by the City, the City Council shall take bids on the pro jcots
and thereafter' award the contract pursuant. to law for the installation
of the Plan B improvements under the City's supervision, Upon
receipt of the first bid tabulation, Developer shall be provided a copy
thereof. The Developer shall have the right to immediately notify the
City of its demand that the City reject all bids. As it affects the first
bid tabulation, the City shall honor the Developer's wish if made to
reject all bids and thereafter proceed i0 a second bidding on the
project. Subsequent bid tabulations may be commented upon by
Developer but the City may award to the lowest responsible bidder of
the project in the mariner provided by law.
13 Escrow. No work shall be corlillenccd under this Agreement until
the Developer shall have filed with the City a cash deposit, certified
check or better of Credit (it) a form to be approved by the City
Attorney) in the amount c( ;ual to the total estimated cost of the Plan I3
Irllpl'oVGrllentS pIUS a SMIl'Ity l'equlre €1lent of 25`%n Ill the total amount
of $161,610.00. The City shall have the right to apply against 1130
l.,citer of Credit all bills illGll3'I'e(] by the City with regard to 11301 '111 13
improvements, however, the City shall provide the Developer the
opportunity to pay for said improvements as bills are incurred, in
cash, rattler than applying payments as against the Letter of Credit
provided to the City, if a Lcttu of Credit is used in lieu of a cash
eSGR)w by the Developer, fn such case, the Developer shall have to
business (klys from the tinge: of mibmission of the bill by the City to
the Developer to poly to the City such amount in cash so that €he City
earn use thG payment to pay the arllon II due ill ]jet) of drawing down
on the Letter of Credit or other escrow on file with the City of Oak
Park ] IGights.
C. RCductiQlI of Se curity Guaranty for Plan A_ I mprove m ents : The
Developer may request reduction of the 1.,ett0r(s) of Credit based
upon prepayll Ilt 01'61C value of the completed Plait 13
]nlprovcn)cnts at the time of the IVILICSted reduCiori. if Gity
etlgilleer evalel<ltionS are requested, the Developer will be
responsible for the estimated costs incurred by the City for
performing the additional evaluatjons. The alioennt of reduction
wjll be determined by tine City. Ill no evclat shall the security
gllal•antecs he less than five percent (5 %s) of the original security
guarantees unfit all Plan 13 Improvements have boon approved and
Page 18 of 34
accepted by the City,
l). Plans and S_oecffi The Devc #open shall be provided with a
copy of the plans and specifications as prepared by the office; of the
City Engineer for the Plan 13 improvements and shall be allowed [lie
opportunity to co mment on same prior to final release of the bid
specifications by the office of the City Engineer for pt €rposes of
receiving bid on the improverllent;5. The Developers shall also be
notified of the bid opening date and provided the opportunity to
comment on the bids received prior to the award of the hid on the
Plan 13 improvements. The Develolm-s may recommend rejection of
al bids and the rebidding of the project or any portion thereof;
however, such recommendation is not binding on the City of Oak
t'arl< Heights and the City play award the contract bases! Upon the
bids received if if, in its al. .isolute discretion, determines that the bids
so received arc reasonable.
The Dcvelopci:s shall also be provided the opporamity to r 1.1rat
the City Engineer consider including Certain contractors that tho
OeveloPer night suggest to be €fielded to the proposed bidder's list.
l determination of the proposed bidder's list shall rest in the
discretion ofthe City I'rrgincer.
f . Owncrsh,il) of Plan 13, 11111rroovenionts. All such ir�lprovcnlcsltS as
constructed shall beCOn1C t11c property of the (;ity of Oak 1 -k
Heights, The Developer shall dedicate to the City prior to approval
of the final plat at no cost to the City all permanent and temporary
easements accessary for t11c constr•ucl.ion of scrCII improvements as
detcrrllined by file City.
P. C All strch construction contacts as awarded by the City of
Oak Park Heights to construct the Plan 13 improvements shall provide
fear fir guarantee of the workmanship and materials for a period of one
year following the completion of Construction Of the flan 13
improvements. 1111 such contracts shall also conform to the
orciirlanCes 'Ind spcCifications of the City ill the ConSlruCtlon of all
Plan 13 improvements. The City assumes no liability for delays ill
construction clue to any cause including but not limited to non. -
availability of ee)nStrnCtinn materials and supplies, inclement weather,
acts of God, Acts of War or other umscs beyond the City's control.
G. Ch<l n nrcle t_s. No change order increasing the contract. expense
17.
Page 19 of 34
skull be authorized by the City without first notifying Developer of
the change.
11. 1"stimales, The above estimates are engineering projections only.
Developer shall be responsible for all actual expenses incurred in ll }e
securing and installing of all Plan B improvements. `rile method of
calculation of such costs shall be as specified by the City Engineer.
1, Connection All connection charges and fees shall be paid
by Developer. The City Engineer shall COMIRIte the connection fee
as prescribed by ordinance /resaltrtion as to this tlevelopnrent
(excepting Outlot A) and advise the City Clerk as to the appropriate
fee to be collected. Connection fees for ail lots and blocks are due
and payable upon execution of this agreement and are as Cllows:
Pine Grove Estates
Sanitary Sewer 11,320.55
Water 19,694.d 0
Storm Sewer $ 24,35,05
The City re. rerves the right 10 modify or adjust the nianner of
computation of connection Ices from till - le to time which may adjusf
or increase the connection fees on Out:lot. A at such time as it become
d ue.
J. Cotir�cction . q - City _11.ai1 Svsten ?,'Phis development has been granted
permission to have a direct connection to the City Trail Systerlt now
located on its eastern border. The planner, details and location of the
connection sfrall be determined by the Director of Public Works for
the City. The Developer shall coordinate construction acliv•slies
related to the trail connection with the Public Works Director.
K. Locati0il...of Temporat) Storm Water facilities on....0 ity_ I?ropge y..
Developer had earlier requested permission to locate storm water
ponding facilities on City lands located to the north of this
development. PCrplissim has not been granted 1)y tht city to do so.
I 'Free Reulacoment Ordinance Compliance. (See the tree list dated
5/15105 for fine Grove: Gardens.) After correcting the tree list fbr
species and sizes which are not significant, the total count of
diameter inches of'significant trees on site is 3023 in- The project
proposes to remove 1213 diameter inches of significant trees
1.)
Page 20 of 34
which is 40% of the total in, on site. The calculated tree
replace €Merit regrrircd is 647 diameter inches, For removing less
than 50% of the total, the project receives a credit of 10% of the
replacement inches required (65 in,). The project proposes to plant
278 diameter inches of replacement trees which are also credited
toward tree replacement. Tha final tree replacement required is
304 diameter inches. This totals approximately 152, 2 in. diameter
trees. If the project cannot plant the trees on site, the developer
shall pay the cost of replacement trees calculated at $50. per
diameter inch. This will be a total a cash payment of $15,217.00,
payable into the city's tree planting fund and clue on execution of
this agreement. The funds will be used to plant new trees
elsewhere within the city.
5. CAST- ES CROW ACCOUN,'1 The Developer shall provide a cash escrow
account to the City of Oak Park 1lcights in t:he amount of $5,000.00 to
reimburse the City cif Oak Park Heights 601 previous billed c;xpenses relating
to this (levelopment.
6. G13NERAL.:
A. Bindim,) E ffect. 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 ) with the land. References herein to Developer', if
there be more than out, shall mean each and all of them. The
Agreement, at the option of the City, shall be placed on record so as
10 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.
13, Final Plat Apl2iovaJ. The City has given final approval to the plat of'
the Subdivision (fine Grove Gardens) upon execution and delivery of
this Agreement , performance of all requirements of the approval, and
of all required documents and security, subject to compliance with
the 01 of the City and terms and provisions hereof, permits
may be issued by the City.
C. Incorporation All plans, special provisions, proposals,
spceifrcations and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of this
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Page 21 of 34
Agreement by reference as fully as if set out herein ill full.
Specifically the following Planning Reports and Engiocering files
and final documentation approved by the City Planner and the City
Engineer are specifically incorporated by reference 11crein and
included herein as if originally made part of this agreement.
1. Correspondence from Bonestroo Rosene and Anderlik dated
October 4, 2005
2. Corresl3ondence from Bonestroo Rosene and Anderlik dated
August 19, 2005
3. May 5, 2005 NAC Planners Report.
4. Oakgreen Avenue Utility improvements Study October 19, 2005,
Bonestroo Rosene Ai and Asso.
5. Minnesota Department of 'Transportation lc €ter of October 19,
2005 to Todd r. li•orn Rusty Nereng regarding Drainage
Permit Applicalion D-05-11013-
f7. P t. The City of Oak Park 1 leights shall Eile the Planned
Unit Development Permit of record in the office of the County
Recorder. Providing that the Developer is not ill default under the
terms of the Devclopment Agreement, the City shall provide
aplxopriate releases to the financial aspects of same and
documentation to individual buyers of' lots.
I;. Adm and MiS Cdan eous l. xpos�s. As to any and all
adillinisirtrtive, legal or enginec;ring costs which the Developer is
expected to pay to the City of Oak Park Heights, Which costs may be
offset against the l.,cttcrs of'Crcdit which the DeNlcloper has filed and
provided to the City of Oak Park E leights, 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 letters of
Credit for the payment of same. Should she Developer dispute the
reasonableness of any of the City's chargc;s, Developer shall have the
right to submit any such dispute to arbitration at Developer's sole and
exclusive; expense, Arbitration sliall be conducted by the American
Arbitration Association and shall be initiated and paid for by
Developer.
1i. H'stablishme of Colistruction Sc hedule s. The City 1.a119iDeer shall
establish construction schedules for Plan A aml Plan 13 improvements
and shrill consult With l)evelopor prior io eslabiishing Sallie.
G. Zoning,. "Pine Grove Gardens" has been designaled a zoning;
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Page 22 of 34
classification of PUD by the City Council. All future use and
development shall comply with the applicable provisions of the
relevant zoning ordinance of the City of CMk Park heights relating
Memo Lot 1, Block 6, Phw Grove Addition shall remain zoned "0"
Open Space - conservancy, All drainage: and ponding areas provided
in Lot 1 Block 6 shall be preserved by easement for the benefit of
the overall development and shall be tnaintained to City standard by
the developer or homeowners association. No further development
of the balance of Lot 1 ]belt 6 shall proceed until the City has
taken a final position on the St. Croix River Crossing; "Tl-1 36
project.
11. 1'rivatc /paternal Steed (:7aadc5. "f'l�c grades ofall internal streets shall
not exceed 815 and the minimum grade shall not be less than 0 %. All
internal streets are designated, designed and intended to be private
streets. All present anti future homeowners should expect that tlrc
internal streets will remain private and that there, will be no transf6 of'
ownership or responsibility f61 these streets to the City of Oak Park
Heights at any time.
1. l,oc_],_I lnck C, Pine Grove ( ,Hens, All ch•aina €,e and pondirtg areas
provided in lot 1 Block 6 shall be preserved by easement or
dedication for the benefit of the public and this development and
shall be maintained to City standard by tile. INVoper a.r QI the City
Engineer certifies the project has been completed and the warranty
period has expired. No further dove a�f lot shall proceed
until the City has Wkan a final position on the S t, Croix River
Crossing ITI 36 project. Untii such time as the City takes a final
position on the St. Croix River 1'ro'ect �rarc�ac�r - sl�aEl reta
marketable title A Lot 1, 131oc1< 6 in its name exclusively. Should
any portion of the 161 be acquired by or on their behalf We
Minnesota Department of "Transportation the Developer shall be
allowed to request and apply for further development of tile; lot to
the City excepting those portions set aside for Drainage and
Ponding areas as required 1)5! this agreement. As to those Drainage
and Ponding areas they shall be conveyed by easement to the
Homeowners Association upon execration of this Developer's
Agreement, 'Me Homeownem Association shall be responsible Cot•
the permanent upkeep and maintenance of the Drainage and
Ponding Area to City standards after the Development has been
complowd as certified to by the City Fngineer and the wttrramy
is
Page 23 of 34
period for the Developer tinder this agrcenwnt has expired. failure
to maintain the drainage and pe nding easement will result in
application to the security provided under this agreement by
Developer or certification of the costs to restore [lie easement to the
City's specification under the City's Storm Water Utility.
.l. Developer has requested permission to build a model
honk /structure upon the property prior to le We that Ilan 13
improvements will be constructed, All such construction shall be
regulated and timed under the supervision of the City ]engineer and
Building inspector. Developer understands that he is proceeding at
his own risk in this construction ad that any additional expense
including lhosc incurred as a result of errors iat elevations or the
need to move services /plumbing for ci water and sewer
connections shall be at his expense alone.
K. Conditions tml22scd,. The City Council has imposed lire following
conditions as a requirement Alm permits granted this project:
I. The linal plat shall be subject to any comments or
requirements imposed by the (IQ Nigineer ami City AHomey. The
City Attorney shall provide comment and recommendation on the;
proposed separate developable parcel designated as an Outlet, with
recommendalions to be incorporated into the development
agreement. All drainage and ponding areas provided in the Outlet
shall be preserved by catse rient or otherwise for the benefit of the
overall development and shall be maintained to City slatttlaid by the
developer or homcoN"icrs association. No further development of
the Outlet shall proceed until the City has taken .� final jjosilion on
the St. Croix River Crossing IT] 36 project.
2. The applicant shall be required to pay a cash park
dedication fee based upon the requirements of Section 40108 cdthe
Subdivision Ordinance. 1
3. The City Council is agreeable to allowing encruachntents
of decks into the required setbacks, as provided fnr on a plan
approved by City staff.
The City has accgAed the Purchase AiVecment price as cstaiblWI g NO m mid vsliie for pwp osws of computing
the Park dedication lees.
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Page 24 of 34
I The Police Chief and fire Chief shall cwnnient on the
accessibility of the project for emergency vehicles.
5. The proposal trail locations and applicant's responsibility
ill C011SU'LlCt1011 costs shall be spyet to review and approval by the
Clty Como
6. Ile applicant shall submit a snow removal play that small
be subject to the review and approval of'City staff.
7, Ile applicant shall provide Updated grading, drainage and
utility Pons to the City reflecting the revised conceptlgeneral plan.
11.11 Brat grading, chmillage and utility plans shall be subject to the
review and approval of the City Public Works Director and City
lingineer arld review of the hMiddle 5t. Croix Watershed District.
S. Ile applicant shall provide updated landscape and tree
preservation plans to milect the revised site Qan. Uic final
landscape plan W tree pmwrwidou punts are subject to review and
approval ofthe City Arborist,
9. IQ applimm shall provide a photometric plan for the
project subject to City staff review and approval.
10. Architecture; of the Project. The siding Materials shall be
steel, concrete nlasmilT board, or an equivalent material as
approved by City Council.
H. A development agroornont shall be required subject to
review and approval of the City (Auncil and City Altumey.
f?. The horneowners association documents and cleclar itiotls
shall be provided to the CRY Attorney foi his rcvicw and approval.
1>. 'file concept general plan shall be revised to comply witfl
the setback provisions of the Wetland Ordinance, subject to review
and approval of the City BnWncer.
The applicam has .supplied a niateMs board which has teen approved by the Pity to Specify the sidint; and
architectural features
1'7
Page 25 of 34
7.Q
Page 26 of 34
IN WITNESS WHEREOF, the City and DGVCI0j)Cl'have caused this Agrecillent to be duly
executed on the date and year first above written.
In the presence Of' ( OF K EIGHT
........ ---- --
. ........... ---- --
David Beam et
Oak P
I ayo r
. ..
A'i Johnson
A ministrator
.3t, ()r
o)l
I I the presence Of` it I ................ ...... ..
welopinclif LAA
1 � . ...... ......
Use) L-A
. ........ .
By
1.9
Page 27 of 34
(.'OUN'T'Y 0F WAS311NGT0N)
Oil t1iJ of May, 2006, before me a Notary Public, within and for said County
personally appeared David Beaudet and Isric .Johnson, to me personally known, being each by me
duly sworn did. say (hat they are respectively the Mayor and the Administrator of the City of Oal(
Park Heights, the municipal corporation named. ill the faregoino instrumcnt; and that the seal affixed
to said instrument is the corporate seal of said corporation, anal that Said instruiz1ent was signed and
sealed on behalf•of said. municipal Corporation by authority of its City Council andJ said Maya and
Administrator acknowledged said instl'Ltmetat to lie the free act and deed of said municipal
corporations.
JULIE R. JOHNSON
NOTARY PUBLIC . MINNESOTA k Al i , 7ti
• „: ` MyCwmissW E)Ores Jan, 31.2010 Notary 1'ttl li
S'1'ATI. 0I= N11NN1 )
55.
COUNTY OF WASJ I1NCi` ON)
On this'_JJ� of May, �U1 2906 before me a Notary Public, 'Within Mid f6r S<Iid Couuty
personally appeared. 1 and _,.... to 31tc
jr1sanal y (nowna, bcila{; each '1by duly sworn d kl say that they are. reslac et'svcly the
and _ - - -_._ ------ .__........ of Oak park l lciglats DevelopmentDevelopment LIaC, iaamed
in t il((1 lae fo i mStrument; and that the Seal affixed to sald instrumct7t is the corpon weal of said.
1.,intitecl Liability Company, and. that saki instrument wyas signed and seal dJ, on ac I'Af of' said
I.,imi(cdJ L iability Company by authority of its Board o {'Governors fflid said �,��,(�� "� " , and
acicnawledged Saic1 instrlua�ent to bC [he fi•cc act andi cleecJ of'said
„ JULIE R. JOHNSON
� �.cT •; NOTARY PUBLIC •MINNESOTA
otary 1
My Commission Expires Jan. 31, 2010 i
.Y------------ ;.--..- .....rrrr.tc�.cc'.d
20
Page 28 of 34
'1"'] HS INSTRUMI NT WAS DRAPTIA) BY:
Mark.). Vierling
fickberg, 1_,amnlers, Briggs, Wolff
& Viorling, P.1 -L.1
1 835 Northwestern Avenue
Stillwater, MN 5.5082
(612) 439 -2878
2.1
Page 29 of 34
1:X101311' A
LF"GAL UI SCRIPTION
PLAT NAME;
PINE; GROVE: GARDF NS
(WRSfiiHgt0n County Goo, Code 04.029.20.22.0010 )
Sect -04 'E wp -029 Runge -020 PT N W 114 -NW 111 042920 13EG AT SW COR OF S1) TRACT
THN F& 1 WITH S LINE 01 Sl) '1'RAC' "1' I:)1S'1' C)1= 4291°'l "1'I 1N N & PAR WITH W LINE
OF SD Sl :lC4 UIST OF 2101 "I' 'I'llN W & PAR TO N LINE' OF S1.) Sl -?C4 1)IST O1; 4291 'I TO
W I.,1NE? OI° SD SI�C'4 THN S ON W I.,IN1. Ol' SD S1 CA 1)lS`l' OF 2101 "I' TO P'I' 03' BEC
22
Page 30 of 34
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