HomeMy WebLinkAbout2000-01-31 CA Ltr to OPH Re Developer's Agreement LAW OFFICES OF
Ec,,Lber LcammeT'S. Bri Wolff VlerlirL P2
t 8 53 Nortkvcstern Avenue
James F. L a in ni or s stillwater. I 111111esotet 55082' 1 cttij L I
Rokert G. Bri D 1 43 9 -2 8 7 8 0
� tj (6 (19'1 "L -199
M a r L J. V'L e r I't 11,q* FAX (65-1) 439-2923 - -- 1 ._. -------
L J. .Lor
G re
g or y G. Gaflor*
Thomcis J. Welckci,* Of COU)IIA01
Susan D. Olsorle Direct Dial No.: ( 651 ) 351-2118 *Qi3cAlirlej Neutral Arklirclic)r & INjejadlot.
Ddvid K. Snyder *Qualtirled Neuiral Arbittralor
IVI Januar 31, 2000 *Gerlifled ReA E.,5t,,tc Specialist
Tall [:j. I 60tiall[A Neutral Mediator
Mr. Thomas Melena M's. Kris Danielson
Cit Administrator Communit Development Director
Cit of Oak Park Hei Cit of Oak Park Hei
14168 - 57th Street North 14168 — 57"' Street North
'P.O. Box 2007 P.O. Box 2007
Oak Park Hei MN 55082 Oak Park Hei NW 55082
Mr. Dennis Postler
Bonestroo, Rosene, Anderlik & Assoc.
2335 W. Hi 36
St. Paut MN 55113
Mr. Scott Richards
Northwest Associated Consultants,, Inc.
5775 Wa Boulevard, Suite 555
St. Louis Park,, MN 55416
Oak .Par Hei Developer's A
Dear Madam/Sirs,
Enclosed herewith please find a revised and what I presume and hope will be a
final draft of the Americinn 'Development A I am also enclosin Mr. Kueppers"
comments and markin on the previous draft that went out. In lar measure, I do not see the
proposals or modifications to be si but need Y ou to review t o - m -11 e sure that the
are acceptable from y our vanta point. I will calendar this matt ahead five da s in which time
I hope to have had commentar back from each of y ou that t a is isfac for
y .
Yours vei trul
Mark J. Vierlin
MJV/jp
Enclosures
CM of OAK PARK HEIGHT'S
WASBUNGTON COUNTY, MM So A
DEVELOPER'S AGREEMENT
_MS AGREEMENT, made and entered into this day of November, 1999, by and
between. the City of oak Park Heights, a municipal corporation under the rags of the State of
Mnnes to (hereinafter the "city"), and Robert L. B rackey and Janet M. B rackey, husband and wife,
hereinafter "Br eys' "), and Champion Lodging LLC (hereinafter " . ricinn" ).
W T'N SS ; That
WHEREAS, the braces' and Arericinn 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 Brac Addition
(the "Subdivision"); ); and
WHEREAS, the applicants intend to replat O utlot A Brackey Addition; into Lots I 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 rackeys' and Am ricin.n eater 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 A mericinn's expense by the
Americirin as hereinafter provided are hereinafter referred to as "Plan A Improvements".
1. PLAN A IMPROVEMENTS: The A mericinn will construct at it's own expense the
following improvements under Plan A as to lot I under which it is constructing its motel
according to the following terms and conditions.
A. .Ame cinn shall do all site grading including building sites, common on gr enway and open
spaces, store water storage ponds, surface drainage ways and all private driveways
including sodding of boulevards, all in accordance wth the approved grading, d ra'nag
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 grad ing. Any changes to the grading plan during construction shall he
submitted to the City for approval.
B . Americinn shall control so il erosion ensuring:
I. 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. Amer'cinn shall submit are erosion control ply
detailing afl 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 VAth the different
stages of development. Appropriate control measures as may be periodically
required by the City shall be installed prior to development when necessary t
control erosion.
3 . Land shafl 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 lard shall be exposed at any one period of tine.
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 Am ricinn 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 co mpleted in order to preserve the lot
markers for future property owners.
D . Ar ericinn shall be responsible for ma intahng the location of and protecting
curb stops, water services and sewer services. Any service or curb stop
damaged shall be repaired o replaced as specified by the City. Americirn shall
make all necessary adjustments to the curb stops to br ng them flush with the
topsoil (alter grading) or driveway surface.
E . Americi n shall be required to provide landscaping and screening as
detemr ned by the City and as required by the ord inances of the C All
commercial developments must subrr t a landscaping plan to the City for
approval prior to commencing construction. In no instance shall Amer'cinn
plant more than 50 percent of the same type of tree. A. detailed landscape plan
shall be s bn�tted 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. Amerioinn shall be responsible for street maintenance,, including curbs,
bolevards, sod and street sweeping until the project is complete. All streets
shall be maintained free of debris and soil until the subdivision is completed.
Warrdng signs shall be placed when hazards develop in streets to prevent the
public from traveling on sane 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. Amedcinn 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 Amerioinn.
H. Arnericin.n shall famish lights and site improvements in accordance with the
City's Design Guidelines and Zoning ordinance.
1. 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 serer cleaning and holding pond
d redging, a s 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 appropr'ate 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 I and Lot 2 Brackey Second Addition
2. DESCRIPTION of IMPROVEMENT ESTIMATES QOS
, Amerielyi -Lot 1
I . Boulevard and wale sod $ 11 ) 500.00
2, Landscaping $ 5
3 Street signs $ ry a
4m Street lights 504.00
5. Grading S 1 2,000. oo
6m Pond grading and seeding $ ry a
7 Erosion Control 2MOM
8. Pond Protection & Restoration 5,000.00
9. Utility protection & Repair 500.00
10, Street Protection & Repair 1 1) o . oo
TOTAL ESTRVLkTED CONSTRUCTION COSH'
OF PLAN A EMPRov MENTS . Americinn
2,000.00
ESTMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE 20% : 5, 600.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A1'R v MEN`S : &3
SECURITY REQUIREMENT (25%) $8
TOTAL PLAN A ESCROW $421
3. CONSTRUCTION OF FLAN A IMPROVEMENTS.
A. Construction. The construction, installation, materials and equipment sh0 be
in accordance with the plans and specifications approved by the City.
B, Inspection. AJl of the work shall be under and subject to the inspection and
approval of the City and, w here appropriate, any other govermental agency
having jurisdiction.
C. Easements. Subject to the provisions of paragraph I above, the Applicants
shall dedicate to the City, prior to approval of the final plat, at no cost to the
City drainage and utilit easements. All such easements required by the City
shall be in rr'ting, and in recordable Form, contalr ng such terns and
conditions as the City shall determine,
D. Faithful Perfor of Construction Contracts. A mericinn W'11 filly and
faithfully comply with all terms and conditions of any and all contracts entered
into by it for the installation and construction of a I 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 nth the execution hereof by Americinn it A'11 furr h 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 a s
indicated in Section 2. Ali Irrevocable Letter of Credit shall be for the
exclusive use and benefit of the City of oak Park Heights and shall state
thereon that the same is issued to assure performance by A ericin.n of all the
terms and conditions of this Development Agreement and construction of A
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. The Cash Deposit, Bond o r
Irrevocable setter of Credit shall be renewed or replaced by not later than
twenty 2 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 reduct The amount of reduction 11 be determined by the City
and such recommendation gill 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 of the escrow provided that the project is on schedule,
A.rmericinn is not in default under the tears of the Development Agreement
and/or no extraordinary expenses beyond the en ineer'ng 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
After payment, no further connection fees for city utilities shall be collected for any remaim*ng
portion of Outlot A. of B rac ey Addition.
5. The Am ricinn and/or B rackey shall reimburse the City of Oak 'ark Heights for
previous expenses relating to this development and for future engineering, legal and adn strative
costs relator' g to the public improvements involved and to be incurred by the City of 'ark Heights a
in Ns development.
6. GENERAL:
A. Bindinti. 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
running with the lard. The Agreement, a t the option of the City, shall
5
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 Americin and/or
raceys' .
B. Final Plat Approval. The City agrees to give final approval to the
replat of outlot A. upon execution and deliverer of this Agreement and
of all required documents and security, subject to comp ante with the
Ordinances of the City and terms and provisions hereof;
C. Inco oration of Reference. The detail and reports set forth in the file
of the City Tanner (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 Ar.ericinn and racley's
D. The Liter of Oak Park Heights may file the Developer's Agreement of
record in the office of the Counter Recorder.
E. As to any and all adrnim' strative, legal or engineering costs which the
AAmercinn is expected to pay to the City of oak Park Heights, which
costs are to e offset against the cash escrows or Letters of Credit
wHch the Developer has filed and provided to the City of oak Park
Heights.
F. Establishment of Construction Schedules. Americinn shall establish
construction schedules for Plan A. improvements and shall consult with
the city engineer prior to implementing same.
G. outlot Development', Except as permitted herein affecting Lot 1,
Bracket' Second Addition (formerly part of outlot A, Bracket'
Addition) no outlot or portion thereof is eligible for a building permit
pursuant to §402.01 Subd. P until the sarne is repl atted pursuant to the
ordinances of the City of oak 'ark Heights. No further development
on the remaining portions of Lot 2 Bracket' Second Addition (formerly
part of outlt A of Brackey Addition) will be allowed until such time
that rcler's and the City have agreed in writing on traffic and
circulation patters to be implemented for the benefit of that lot and
adjacent lands.
H. eonir The City has rezoned Lot 1, Brackey Second Addition from
li 1, open space to "B -2" as provided in Cit ordinance 401.11. Lot 2 :.
rac ey Second Addition (formerly part of o tlot 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 sbitted.
1. Easements, All public utility and drainage easements shall be depicted
on the plat and dedicated to the City of oak Park Heights.
J MnDOT Approval. Final plat approval shall be subject to the
comments and recommendations of the Department of Transportation
as provided pursuant to fin . Stat. §505.03, s bd . 2.
K. Water Management O Americinn shall secure approval
from all water management orgax ations affected by this development
prior to final approval.
L. Replat. Amer ieinn and bra ' shall submit the replat of Outlot .
rac ey Addition to the city and upon city approval thereof legal
descriptions in this development agreement shall be amended
accordingly if needed.
IN WITNESS WHEREOF,, t h City and D eveloper have caused this Agreement to be duly
executed on the date and year first above writ n.
In the presence of CITY of OAK PARK HIGHS
By
David Schaaf
Mayor
By
Tomas Helena
Admir*srator
In the presence of
By
Robert L. Brackey
By_
Janet M. B rackey
CHAMPION LODGING L.L.C.
B
Its
And
By
It
STATE OF S o A
ss.
COSY OF WASHNGoN
On i s day of , 2000, before me David Schaaf and Thomas Helena,
to rye personally known, being each by me duly swom did say that they are respectively the Mayor and
the City Administrator of the City of oak Park Heights, the inunici al 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 muracipal corporation b
a t. or'. y of its City Council and said Mayor and Administrator acknowledging execution of see, to
be the free act and deed of said municipal corporation.
Notary Public
STATE OF S
. S.
COY OF WASHINGTON
On this day of , 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 s om did say that they are respectively the persons
named in the foregoing instrument; and that said instrument was signed by ROBERT L. BRACKEY
and JANFT M. B RACKEY as their own free act and deed.
Notary Public
STATE OF MNNE SOTA
ss.
COSY OF WSHNGN
On this day of , 2000 before one appeared and
knows to me to be the and
of Champion ,.L.C.; respectively, and the s arne signed the foregoin
development agreement on behalf of Champion L.L.C. representing that they had fUH authority and
power on behalf of said entity to do so and affixed their signatures hereon as their free act and geed on
behalf o said entity,
Notary Public
TM S INSTRUMENT WAS DRAFTED BY
Mark . Viewing
ekberg, Lammers, Briggs, Wolf & Vserling, P. . .P
183 5 Nortrtern Avenue
Stillwater MN 55052
(612) 4
h\d r \br key\janu r 1, 2000
EXHIBIT
'age I of
This Exhibit is'incorporated by reference into the terms s and conditions
of the Development Agreement
1. The north and cast facades are revised to utilize three forms of grade I atcr*als
and Grade I and Grade II maten'als 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 corer 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 skull be redesigned to conform to the Design Guidelines and
a monument sign is suggested instead of the proposed pylon sign.
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 ro d access to 60 x11 Street,
10. Comments ofother Cit staff
11. Approval of the preliminary and final plat skull be subject to providing all required
easements and shall be subject to the review and approval of the City Engineer.
10
i
K u PPE Rs, HA CA E L & KujEPP_ERs, P.A.
ATTORNEYS AT LAW
SUITE 1350
386 WABASHA STREET NORTH
SAINT PAUL , MN 55102
(6 r 2 - -1104
FRED A.. KUEP E . JR, 14'& 0 297 - 6599 OF COUNSEL
JOAN M. kLkCKEL RONALD PATRICK STMITH
JOSEPH F. KUE PPERS
January 6, 2000
VIA FAX: 439.2923
Mark J. Vierlireg, Esq.
1835 Northwestern AvenLIC
Stillwater, N/f1N 55082
Re: Our File No. 6882-79
City of a Park Heights
Development Agreement for rack v's Second Addition
A.mericinn Motel
Dear Marl:
Enclosed is a marked -Lip draft of Development Agreement. Most of the markinLys deal with
`"typos..; there are two substantive natters.
The first of these is on page 5 regardina connection fees. We have attempted to make it clear;
that after the payment of these connection fees, there will not h be connection fees
payable with respect to any portion o f Outlot A of Bracket/ Addition.
The second concern is at the top of page 7. It is our understanding that the traffic circulation
pattern issue relates to the Westerly portion of the existing Outlot A, i.e., Lot 2 and the part
of Ou tlot A of the new plat which lies South of Lots 1 and 2 of the e plat. That is to say,
that pai is lar limitation is not intended to a plv to the portion o f Outlot A which lies North
of M nard , and whic h will have its access points on 0 "' Street and Krueger Lane.
Mark J. Vi rlin , Esq.
Januar 26, 2000
'age Two
As to Exhibit A., it seems that it should be comprised on1v of the listing f conditions; the
Memo of September "' s hould not be a part of Exhibit A.
Very tr yours,
By-�1
AKr /prat
E nclosur e
Robert L Mr. Robert L. Bra ke
Stuart L F inney
P.
1-2 2: P I FRCS LE ANC) I N' E312 298
{
`' of OAK 'ARK HEIGHTS
WASMNGTON COUNTY AUNNESO
DFNELOPER'S AGREEMENT
THIS CEMENT made and entered into this , ^ day of November, 1999, b and
even the City o ak Park Heights, ts, a rnunici ai corporanon under the laws of the State o
M1 n rota (he:-el � L. ra ey and Janet '.hr �ra�ckey, husband and. write,
h nc � - an Champ Lod in ( here ina ft er . " e�ricinn ' .
``ESSTIL Thav
the Brac. e ys' and Arnericinn have made application to the City Coun fo
,pp� o
a subdivision and de to ment o land within the co- rporat I' i5 o the Cry r �
described as follows:
utlot A. Brac Addition
(the It Subdivision"); and
W HEREAS, the applicants intend to r pl aaT O tiot A Brackey Add ition; into Lots I and 2
and Outlot A., B rack e y Second addition; a nd
WHEN, .S the City Council has rr to ex , 1 999, granted approval to the
}
Subdivision on the condition that the Br keys' and A ri inn enter into this Agreeme
conditions for r*iate rprocnnts as we a d o
st�pu a� � r �
on -sate imp rovements rimer des�l ed, a in accordance v ed, the terms axed con "ti ons
rear set forth.
NOS T in consideration of the premises and of the mutual promises and
conditions hereinafter conmined i is hereby agreed as f of o s:
Designation of Improvements: Improvements to b e installed at Ame inn`s expense b
the Americinn as hereinafter provided are hereinafter refe d io as Flan A Improvements" .
•xne ici will ntru� att s own expense the
LAN A ROVE? . 'S. Thy a
�l
n i� r •er nts . er an t o dot under w it i co struct' ,g its motel
ac ord.i.ncr t o the foilowina terns and conditions;
..
"A/1 ludin bu ilding sites., o =on r e w y
shall do all st �rd nr
and op sp aces, storm grater storage ponds, surface drainage ways and all private
driveways including soddincy of boulevards, all in accordance it the appro
ra dray ne
d site fan. A radon fan with tea} iMUM �vo loot
contours, building elevations, drainage provisions, erosion c ontro lrovisons and
crops
a c ions , as necessary, all e submitted to and approved y the City x*or to
�'�
cornmencernent of any site grading. Any chancres to the grading plan during
1 -2 1 - 2: L�7M FRO: LLE A ND F 612 2 4 P. 3
r
3
r '
construction shall be submitted to the City for ap proval.
B. Amerzcir c shall control l soil erosion e u ng
All development shall conform to the n atural lirrtitations per se ted by the
to ogra by and soil of the subdivision in order to create the best pot tlal
nor ever ti g o I erosion. me cinn shall submit axe. erosion control plan,
detailing all erosion control measures t be implemented ding
cons= ction said plan shall be approved by the City przor to the
commencement of site grading or construction.
Erosion and siltation control mea axes shall be coordinated with the
different stages of development. Ap roprl t control measures as may be
periodically required by the City shall be installed poor t de o ent
when necEs to control erosion.
Lard shall be developed in cr e nts of workable size such that
adequate erosion and siltation controls can be provided a
cons - =io progresses. The smallest practical area of land shall be
, C-xposed at any one per'od of time.
4 . Where rhe t o p soi l is reymov suffici ent ar a ble soil shall be, set as
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 duality
t least equal to the soil quality prior to d
C. The A ericinn shall place iron monuments at all lot and block comers and
at all other angle points on boundary lines. Iron monuments shall be placed
apex all street and lawn grading has been completed in order to preserve the
l ot markers for fu=e propel owners.
D . Am r'cinn shall be resoonsible for maintaining the location of and protecting
curb stops, water s and sewer services. Any service or curb stop
damaged shall be repaired or replaced as specified by the City. Americinn
shall make all necessary adjusments to the curb stops to br'g theca flush
with the topsoil (after grading) o r driveway surface.
A ex'cinn shall be required to provide landscaping and screening as
determined by the City and as requi by the ordinances of the City. All
co�e�r ial developments must submit a landscaping plan to the C *ty for
app roval p rior to commencinry construction.. In no instance shall AmeTicinn
plant more t 50 percent of the same type of tree. A demiled landscape :.
plan shall be submitted to and require the approval by the City prior t
c ommencement o final grading and land construction o n each site to
be built u pon.
-- FRS. U LL'. -- R AND I NNEY 6 12 835 298, P.
Y
Am cinn shall be responsible for street maintenance, including curbs,
b oulevards, sod and street sweeping until the projeci is complete. All streets
shall be maintained free of debris and soil until the subdivision is completed.
' 'aming signs shall be placed when hazards d vclop in s Tz to prevent
the public from mveling on sarne and d irecting attention to detours. If and
when the street becomes impassible. such streets s hall b�e barricaded and
closed. In the went oommer ial buildings are occupied prior to completing
streets, the Ame inn sMI maintain a smooth driving surface and adequate
drainage on a teMporar r sweets. Ain inn shall be responsible or The
removal of snow from ail gravel stream. Th e re pair of any dxnage don to
the streets or public utilities shall be the financial responsibility of the
A en' in .
H. A.rneTici ?n sal f m sla tights and sit improvements in accordance with
the City's Design u' el�ne and Zonix rdir an .
I. Arne einn sha dedicate and survey ail drainage and utility easemevs a
required by t se City as shown on the final plat or replat as may be required.
Amencian shall be responsible for storm sewer cleaning and holding ponce
dredging, as required, by the City during th e pia, of ccnstrucion until
certification of omp ertiou of the project by the office of the city engineer.
1. A-meri inn shall be responsible for securincr all necessary apPTOVals and
p rn its from all appropriate federal, slate, regional and local jurisd% t' Ions
prior to the co rnmencernent of site grading o r construction .
K. Drainage and utility easements. 10 foot drainage, and - utility easements shall
I provided along all lot lines for Lot 1 and Lot racl e Second Addition
2. DESCRIPTION OF WZROVEMENT ESTEMATED COST
L A merlc 4 nn
Boulevard and swale sod S 1
Landscaping S 5,000.00
J . Stet signs na
4 . Street lights S 504,00
1-21-200 PM FRO. ULLEER AND F I NNE . 12 835 2981f
5. Y ,
. 1
Grading l 1.
6 . Pond grading and seeding ./a
7 . Erosion Control S 0
8. .fond Protection & Restoration $ .5,000.00
9 . Utility Protection & Repair S 500.00
1. Street P rot ec tion & Repair 5 l ,500.00
TOTAL ESTIMATED CONSTRUCTION C S
f
S
ESTIMATED NG1N=RING, LEGAL AND
Mme* - S TR. VE (2.0%): S5,600-
TOTAL E STIMATED CONSTRUCTION COST
OF P.N A IMPRVLMENTS: � -) ,600.00
SECURJTY REQL7REIMEN 25% $ 5 ,400.00
TOTAL AAN . ESCROW 542,000.00
3. CONSTRUCTION OF PLAN,k IMPROVEMENTS.
Y.+t
A. Con struction, The construction, i sta larion, materials and equipment shall
b in accordance with the plans and specifications approved by th e C 'Jty.
In ion. All of th e wo shall be und and subject to the inspection and
app roval of the City and. why appropriate, any other gove=ental agency
.wring Jurisdiction.
C. Easements. Subject to the provisions of paragraph I above, the
shall dedicaie 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 Ming, an in recor dable form, cowairung such te rms and
conditions as the City shall et min .
a � e =a n C on fi rs Cunt ts. Th Ame Ginn and wi
fully and falthfully comp with all terms and conditions of any and all
4
F 1 —200 2: . %9PM FROG JLLER AND F I NNEY' 6 12 835 298z' = .
contracts entered into by for the installation and c onstnictio n
of all Plan A Improvements are h m y (Yarant es the rorkma hip and
materials for a p eriod of one year following the Citys final acceptance of the
Play. A Improvements. Concurrently with the execution. hereof b
Am ricinn it will Rz� to, and at all tines he e'nafter rna�. ain th the
City, a cash deposit, performance bond. or an Irrevocable Letter of Credit,
based on one hundred and twenty-five pe 1 o f the total estimated
cost of Plan A improvements as indicated in Section 2, An I=voea l
.fetter o f Cre dit shal l be for the i.:.-xc lusi ve tis e and benefit o f the City of 0 ak
Park Heights and shall state thereon thai the same is issued to asux
performance b Ame clnn o f all the terms and conditions of t1lis
Development A reemenT and consTxuctlon o all required improvements in
accordance iTh the ordinances and specifications of the City. The City
reserves the r'gt to draw, in whole or in part, o any portion of th e
Irrevocable Letter of Credit. cash deposit or Bond under the terrns and
cond.ltlons of this Ageement. The Cash Deposit, Bond or Irrevocable Letter
of Credit shall be renewed or replaced by not later than tw enty 2 days
prior to its expiration w ith a like letter or bond.
edu ti f L, ow Guaramee. T he Ar ericinn mav request reduct'on of
cash deposit, Bond or the Le of Credit or cash deposit based on
,prepayment or th value of the completed improvements at the time of the
requested reduction. The amount of reducilon will be dtenined by the
City and such recommendation will be submitted to the City Council for
action, Following any payment for a Plan A improvement ent which is wi thin
the Engineer's estimate. the City may consider and allow a re duction of the
Cash deposit, Bond o r Lever of Credit up to the rate of $1.25 for every
dollar that has been paid out of the escrow provided that the project is o
schedule, Ame7icinn is not in default under the terms of the Development
Agreement and/or no extraordinary expenses beyon6 the engineering
estimate have been incurred during to course of the project.
cil0n tees The C ry Eng sneer core putq th connect t ee as res rib e by
di
ordinance /resolution as to
nr�� 7for t b� �- aid a abbe e eutlon of this Connection Feo s y r rnent and are follo .' -� Af d6
}
udoT A 207
7
The Ame and/or Brackey shad reimburse the City of oak: Park Heights for
p revious expenses r satin to this d lr lopr ent and for future n In er'n e and dr lr lst - a ive
Ir
costs relating co the public improvements invo[ved and to be incurred by the City o Oak Park
��� �.
14
5 4 7 z// Y eilT 0 , 7 1 , e afoi
1-21 —202 : 4 FRO ULLEER AND I NN 6 12 83S 298
Heights in this development*
6 . G NNERA
A. Bi Effect. The renns and provisions hereof shall be binding
up on and inure to the benefit of the heirs, r pr s ntati v s, su ccessors
and assigns of the parties hereto and shall be banding upon all futro
owners of all or any part of the Subdivision and shall be deemed
cove=ts rmni cr wi [he land. The Agreement, at th e option of the
City, shall be placed on record s o as to Ive notice hereof to
subsequent p urc haseis and encumbrances ofall or any part of the
Subdivision and all recording fees, if any, sh be paid by tie
Amen c= and/or B rack ys
B . Final Ptat Armro al . The Ciry agrees to give final approval to the
re plat of outiot r p on execution and . de livery of this Agreement
and of ail required do ents and security, subject to complianc
w iTh the ordinances of the City and terms and o rovislons hereof:
C. Incorporation of Reference. The detail and re ports set fort. in *the
file of the City Planner (Non, %vest Associated Consultants, Inc. File
No. 7 98.02 — 99. 10) are incorporated by reference herein. The
conditions imposed by order of the cite council are annexed hereto
as �dubit A and sMl be complied vith by Americinn and
racy'
D , The City of oaf Park Heights n-ta file the Developer's Ag
ofrecord in the office of the Co rry Recorder.
E . As to any and all administrative. legal or engineen*no costs which t
mercinn is e -cpecl d to pay to the City of Oak Park Heights, wee
costs are to be offset acrainsi the cash e scrows or L euters of C re dit
which the De ve loper has fil ed and provided to the City of Oak Park Heights-
. r st ablishment of Con irucrio . S chedu les. erici n shall establish
construction schedules for Plan A improvements and shall consult
wit e city Mgmeer prior to implementing same.
G. Ouflot Develooment. Except as permitted he-rein aff ctin.g-.ttm Lot
racey Add itio no otic or p o rt ion thereof is eligible f a
b permit pursuant to o.ol Sud. P until the same is
1-2 2 : M FROI JLLEE A ND FINNEY 6 835 2982 P.
o
7;4 �� ` di. aces o f Oak Park Heights.
��
, r fatted urs�t to or
N o fart dev o i .,ot 0i
l A f ra k y dditio ill allowed until such time that
l;" ra k " and �e C t reed in Ming on a traffic and
circulation patters implemented for the benefit o
. 116 1 1 -: l
R oni . the Cit h l as rezoned Lot 1, ra y Second Addition
.,.,. -,
a p rovided in City Ordinance . l 1.
f open s ace t
all �, �, , Lot p a d utlot A r)ke Addi hal remain " op
s ace until o modified fairon o the City Council, i any.,
following application 4o rezo nutted.
Easements. A ll public util dxa easements sh be
depicted o the fat and dedicated to the Cit o r Oak Park 14eizhrs.
J. M nD T A.p rho �. Final plat approval shall be subject to the
comments and recommendations of the Department ent o
'ran orla ion as provided pursuant to Minn. Stat. §505-0.:� su. d. ?.
K. W ater Management O rcr�.iza io s. Ain cinn sh secure approval
from all water m anagem. e t organizations affecied by this
development prior to final approval.
M. Re -plat.. Arnencinn and ra.c eys` shall submit the re fat of not
Bracky Addition to the city and upon city approval thereof legal
de options in This development agee - meat shall be amended
acordindy if needed-
IN
WITNESS SERE o , the City and Developer have caused this AgTeeMent to
duly executed on the date and veaur first above written.
In the presence of: CITY of OAK PARK HEIGHTS
By
D avi d Schaaf
M
1-21 - 2: 51 M FROt JLE E- AND FINNEY 1 2 83S 2 9 8Z P. I a
Notary Public
STATE OF MINNESOTA
COUNTY OF WASHINGTON)
On this day of , P4919'a, before me a ?rotary Public. wltEn and for
said County personally appeared ROBERT L. BRACKEY and Janet et M. Brackey, husband and
wife, to me nersonadly known, being each by me duty sworn did say that fey are . e pe tively the
persons Hared in the foregoing i t=ent; and that said insmxnent was signed by ROBERT L.
RA CKEY and Janet A Brukey as their own free act and deed.
Notary Public
STATE MMES .
COUNTY OF WASHINGTON
On this day of w before me appeaxed and
known to me to be the and
,o f C arnpio L.,L.C.: respectively, and the same signed the foregoing
dcvelo met a on behalf of Champion L.L.C. representincr that they had full au io *ry and
pourer on behalf of said enti iy to do so and affixed their sip s hereon a their r`ee act and deed
•
on behalf of said erriry.
Motor r Public
THIS INSTRUMENT WAS DATED Y:
Eck-berg, Larnmers., Bricrp, Wolff
Vierlin , P. .L. .
1835 Northwe s te m Avenue
Still a ex, N 55082
1-21 - 0 2 : 2PM 'RCS. LL AND I NNE ' 1 3 2984 P.
�
Thomas Helena
A dministrator
In the presence o:
B y
1 Robert L. Brackey
'f
x ,.. ... ' ..
Janet M. B ck r
.an ion Lodging L.
B
its
...,.
Its.
STATE OF MINNESOTA
COUNTY OF WASHINGTON)
On t�s day o f , -- 9 4 �, b e fore rye D a v id Schaaf and Thomas
to me personally k nown, being ea c h b y me du swom did sa y that thev are respective1v
the Mayor and the City Administrator o the Cit -� H ig t , the mur�i i l corporation.
wed 1 n the fore<yo in cr 'instrum nt., and th at the s �d axe io sai d instrumcn.t is the c or o nate seal
of said corporation,, and that said instrument was slaved and pealed on behalf of said municipal
corporation by authority of its City Council and said Mawr and Administrator acknowledued said
o be the free c
#
and deed of said m n,iciml corporation,
1-221-2-1103 2: 1 PM F RU - ULLER A ND FI Y 1 835 298J. P . 1
ti
EXHIBIT A.�
Please note as it affects Exhibit .., the same is incorporated by reference into the
t e,rms of the De velooment .Agreement with the exception of terns I and 12
TlTr Ut
w h'ch w ere n ot adopted by the C Council.
1 -0 2: A FULUER AND F I NNE 1 22" 8 2984 P. l
e
A ri c-I n M S
Raz aning t o -2 PrefimfnAry/Finai Plan a nd Site Plan Re view
"Fhe F laming Ccmnn, issio , heir A gu 1 . lat meeting r =rnr`n d d d r v i of
cl a .1H.4 r-i motel i ! dmg rezoning .
I o 3�.2, r � #
I "Ie sihared mess a-s men 1 xt e-d to the Bain property liras to serge future
d v l. o nt �f the remainder cf Outlot A, sub' o �- vi v i �e �,
11 City
ALk..ry.
2. - 1 0 he n r end s-z ticzdes are revised '0 utilize thnze forms or' Grade I mate
a nd Grade and Grade 11 materials s r r s � least r n
r' *` ` v e faca des
one air- #g isLands and I n c- e pfanS ere revised as 1 11u=Mted an minx
s j' 'M further reyt e 1 and r v J of th City A rbonst,
Additional i� c�2 i g is rovi fTw = r~; r r
.
ne site r r v s d i � de
o, the revised I sCa i t p rovid e
6. An e nc.lo su re is r v ' d for ' xt M r t rash cor, t2 r sup ct to re vie w and
a rov l &the city euilding Offlcial-
. 4
µ 7. The freestanding sign t JI be m to conform to the Des
Gid{ roes and went sign is s xste2d cf the proposed pi ig n.
z
a. All grading, and utility puns are subject 'Lo revie and a rove! o f the Cif
..ngir, e e r,
ri t es I subi act tc n evi eW 2 rid a p p ravaI of th e C -ty gin, ter a nd C i ty Attcrn ey.
1 The applicz t re(Ceive a coravcai from MnDC and the City Eng ineer for the
rtced access to 60th S ent.
1 1. Comments of ather City staff}
1 "T' he access roactway sha be , ved to its full width an either side of Lo I
and 7. and shall exti& to the sow property lire; Curb and gutter stall be
rori the development r'a of Lot upon o pening the motel.
Curb a nd gutta shall be deferred on the east edge of the *-:ZSs roadway
until the d of Lot I
13 Approval of +.#h e preliminary and ti nal plat shall be subject to providing all
required easements and shall be subject, t the review end approval of the
City Engineer*