HomeMy WebLinkAbout2000-02-15 CA Ltr to OPH Re Developer's Agreement LAW OFFICES OF
4ber, ', Lammers, Bri 9 S, Wolff Vierlin
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85 5 OlAwestern Avenue
J a in es a m m e rs Stillwater. .\Ainnesota 550821
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Ro�crt G. Br1, (651) -159-2878 - 19 9 r>)
k1dric J. Vierhlig* -------------------------
14AX (6-51) -459-2925 L J. Ecl�ber
G Vc G. Galler+
Th() On as ..). welcillell* 01 counsel
Susan D. 01sotio Direct Dial No.: ( 651 ) 351-2118 trdlor �Aedlator
Davii K". slivier *QvallfieJ Neutrd Ai-6111-elfor
*(-erl I E S
I A RCdl Slate
Ta ii va E. Matillice
Februar 15, 2000 OQuallf-teJ Neulrdl Medidtor
Mr. Fred A. Kueppers, Jr.
Kueppers, Rachel & Kueppers, P.A.
386 Wabasha Street North, S ulte 1 5 0 FILE COPY
St. Paul, NIN 55102
Mr. Stuart Finne
Fuller and Finne
73 ) 0 1 Ohms Lane, Suite 3) 25
25
Edina, NIN 55439
Re: Oak Park Hei Lod LLC
Gentlemen.-
Enclosed herewith please find a cop of what has been approved as the final draft of
Developer's A throu the offices of the cit staff of the Cit of Oak Park Hei Final
execution of this document b the Cit of Oak Park Hei shall not occur until all fees and
char referenced therein have been paid to the cit and a draft of the replat o utlot A, Bracke
Addition, has been tendered for staff review,
Yours ver tru
Mar. J. Vierlin
MJV/
Enclosure
cc: Thomas Melena
Scott .Richards
Kris Danielson
CfrY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESO'T'A.
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this day of 200Q
by and between the City of Oak Dark Heights, a municipal corporation under the lays of the State of
Mimes to (hereinafter the "city "), and Robert L. B rackey and Janet M. Brackey, husband and wife,
hereinafter ` B r c e s " , and Champion Lodging LLC (hereinafter " ricinn" ).
WfT'N SSETH; 'hat:
WHEREAS, the Brackeys and Americimi have made application to the City Council for
approval of a subdivision and development of land vAthin the corporate firru'ts of the City formerl
descr'bed as follows:
utlot A. Brackey Addition
(the "Subdivision "); and
WHEREAS, the applicants intend to replat Outlot A Brackey Addition into sots I and 2
and Outlot A, B rackey Second Addition - , and
WREREA S the City Council has on October 26, 1999, granted approval to the Subdivision ?
on the condition that the Brackeys and Arnericinn 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.
NO'S, THEREFORE, in consideration o the premises and f the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows.
Designation of Improvements. Improvements to be installed at Arnericinn's expense by the
Americinn as hereinafter provided are h ereinafter referred to as "Plan. A Improvements ".
1. PLAN A. IMPROVEMENTS: The Amer' in ill construct at its own expense the
follovAng improvements under Plan A. as to lot I under w hich it is constructing its motel
according to the following terns and conditions:
A. Ar ericinn shall do all site grading including building sites, common green s ' and open
spaces, storm water storage ponds, surface drainage gays and all private driveways
including sodding of boulevards, all in accordance nth the approved grading, drainage
and site plan. A grading plan with maximum two 2 foot contours, building
elevations., d rainage 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:
I. All development shall conform to the natural lirni'tations presented by the
topography and soil of the subdivision in order to create the best potential for
preventing soil erosion. Americinn shall sul n it an erosion control plan,
detailing all erosion control measures to be implemented during construction,
said plan shall be approved b the City prior to the conunencement of site
grading or construction.
2. Erosion and siltation control measures shall b coordinated VAth th e different
stages of development. Appropr�ate control measures as may be periodically
required b y 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 comers 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, Amer�cinn shall be responsible for maintaining the location of and protecting
curb stops, water services and sewer s ervices. Any service or curb stop
damaged shall be repaired or replaced as specified by the City, Amen'cinn shall
male all necessary adjustments to the curb stops to bring t ein flush with the
topsoil (after grad ing ) or dn've gray surface.
E . Americin.n shall be required to provide landscaping and screeriing 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 Arnericinn
plant more than 5 0 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 lanlcapin constructi on each site to b e
built upon.
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G. Americinn shall be responsible for street mw'ntenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All streets
shah be maintained free of debris and soil until the subdivision is completed.
Warming 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 o f any damage done to the streets or public
utilities shall be the financial responsibility of the A.mer'cinn,
H. Americinn shall furnish lights and site improvements in accordance with the
City's Design guidelines and Zoning Ordinance.
L Americinn shall dedicate and survey all drainage and utility easements as
required by the City as shown on the final plat or repl at as may be required.
Americinn shall be responsible for storm sever 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 perms
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 IMPROVEMENT ESTIMATED COST
(Americinn -Lot l
I Boulevard and s ale sod 1, 500. 00
2. Landscaping S 5000.00
3. Street signs $ n a.
4. Street lights S 504.00
5. Grading $ 12
6. Pond grading and seeding 3 r
7. Erosion. Control S 2,00.0
S. Pond Protection & Restoration $ 5
9. Utility Protection & Repair $ 500.00
10, Street Protection & Rep .
air $ 1,5 0
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TOTAL ESTEVfATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: (Americinn)
$281
ESTFVLkTED ENGINEERING, LEGAL AND
A. MIMSTA. `IVE (20%). 5100.00
TOTAL S' EVfA ' CONSTRUCTION COSH'
OF LAN A. IMPROVEMENTS : ,),6K 00
SECURITY REQUIREMENT (25%) $ 8,400. o0
TOTAL PLAN A. ESCROW $421
3. CONSTRUCTION of PLAN A IMPROVEMENTS.
A. Co str ction. The construction installation, materials and equipment shall be
in accordance with the plans and specifications approved by the City.
B. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other oovemmental 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 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. Faithffil Performance of Construction Contracts. A.mericinn 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 manship and materials for a period of one year
following the City's final acceptance of the Flan A Improvements.
Concurrently with the execution hereof by A ericinn it will fun ish to, and at
all times hereinafter maintain with the City, a cash deposit, perfor - mance bond,
or an Irrevocable Letter of Credit.,
on one hundred and twenty -five
percent ( 125%) of the total estimated cost of Flan A Improvements as
indicated in Section 2. An Irrevocable Letter o f Credit shall be for the
exclusive use and benefit of the City of oak 'ark Heights and shall state
thereon that the same is issued to assure performance by Americinn of all the
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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 tis Agreement. The Cash Deposit, Bond or
Irrevocable Letter 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 A.rnericinn may request reduction of
cash d eposit, Woad or the Letter of Credit or cash deposit based on
prepayment or the value of the completed improvements vements at the time of the
requested reduction. The amount of reduction vV it l be determined by the City
and such recommendation will be submitted to the City Council for action.
Following ariy 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 fetter 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,
Ameri inn is not in default under the tens 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
ordinanceresoltion as to tiot 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 tlot A of Brackey Addition.
5. The Americinn and/or Bracl ey shall reimburse the City of oak 'ark H eights for
previous expenses relating to is 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.
6. GENERA.:
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
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running with the lard. 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 o any part of the Subdivision and
all recording fees, if any, shall be paid by the Arnerici n and/or
Braceys.
B, Final Plat Approval. The City agrees to give final approval to the
replat of outlot A upon execution and delivery of this A and
of all required documents and security, subject to compliance vAth 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 compiled with by Ar ericinn and Brac eys.
The City of oak Park Heights may file the Developer's Agreement of
record in the office of the County Recorder.
E. As to any and all administrative, legal or engineering costs which the
Amercinn is expected to pay to the City of Oak arl Heights, which
costs are to be offset against the cash escrows or Letters of Credit
which the Developer has filed and provided to the City of oak Park
Heights.
F. Establishment of Construction Schedules. Arnericinn shall establish
construction schedules for Flan A improvements and shall consult With
the city engineer prior to impierne ting same.
G. Outlot Development. Except as permitted herein affecting Lot 1,
Bracley Second Addition (formerly part of outlot A lrackey
Addition) no outlot or portion thereof is eligible for a building perr.it
pursuant to §402.01 Subd. l until the same is replatted pursuant to the
ordinances of the City of Oak 'ark Heights_ No further development
on the remaining portions of Outlot A and/or Lot 2 Brac ey Second
Addition (formerly part of outlot A of Br Addition) will be
allowed until such time that Br ey's and the City have agreed in
venting on a traffic and circulation patterns to be implemented for the
benefit of that lot and adjacent lands.
H. Re o in . The City has rezoned Lot 1, Brackey Second Addition from
"0" opera space to "B -2" as provided in City Ordinance 401.11. Lot 2
rackey Second Addition fortner part of otlot 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.
1. Easements. All public utility and drainage easements shall be depicted
on the plat and dedicated to the City of Oak Park Heights.
J. DoT Ap roval, Final plat approval shall be subject to the
comments and recommendations of the Department of Transportation
as provided pursuant to Mn n. Stat. §505.03, s bd. 2.
K. Water M de ment Organizations, Americi n shall secure approval
from all water management org rui ations affected by this development
prior to final approval.
L, Replat. Americinn and B rackeys shall br t the replat of Outlot A.
rackey Addition to the city and upon city approval thereof legal
desc ptions in this development agreement shall be amended
accordingly if needed.
IN WITNESS WHEREOF, , the City and Developer have caused this Agreement to duly
executed on the date and year first above written,
In the presence of CITY of OAK PARK HEIGHTS
By
David Schaaf
Mayor
By
Thomas Mel na
Administrator
In the presence of
By
Robert L. Bracl ey
By_
Janet M. Brackey
CHAMPION LODGING L.L.C.
By
Its
And
By
Its
STATE OF MINNESOTA
ss.
COUNTY of WASHINGTON
On this day of , 2000 , before me David Schaaf and Thomas Melcna,
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; t; 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 rn ru'eipal corporation by
authon'ty of its City Council and said Mayor and Administrator acknowledging execution of same, to
be the free act and deed of said m rfcipal corporation.
Notary Public
STATE OF MINNESOTA
COSY OF W SFUNGTON
On this day of , 2000, before me a Notary Public, vAthin and for said
County personally appeared ROBERT L. BRACKEY and JANET M. BRACKEN'', husband and if ,
to me personally known, being each by rye duly swom 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 RACKFY as their own free act and deed.
Notary Public
STATE OF MINNESOTA
COUNTY OF WASHINGTON
On this x day of , 2000, before me appeared
and known to me to be the and
of Champ L.L.C.; respectively, and the same signed 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 d o so and affixed their signatures hereon as their free act and deed on
behalf of said entity.
Notary Public
TM S INSTRUMENT WAS DRAFTED BY
Mark J. Vierfing
ekberg, Lammers, Briggs, Wolf& virfing, P..,.
1835 Northwestern Avenue
Stillwater, NIN 55082
(612) 439 - -2878
o h\d v ree \bra e ruary 15, 2000
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EXHIBIT
Pagel o 2
This Exhibit i's incorporated by reference into the terms and conditions
of h Development Agreement
I. 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 -,
subject to further review and approval of the City Arlorist.
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. Are enclosure is provided for the exterior trash Container, subject to review and
approval o f the City Building Official.
6. The freestanding sign shall be redesigned to c onform 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 eater 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 60' Street.
o. Comments of other City staff'
1 Approval o f 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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