HomeMy WebLinkAbout2000-04-04 WC Recorded Document #3099073 - Developer's Agreemen 3099073
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA lam
DEVELOPER'S AGREEMENT
FILE COPY
THIS AGREEMENT, made and entered into this da of (y\ 2000,
b and between the it of Oak Park Hei a municipal corporation Under the lea S of the State
of Minnesota ( hereinafter the "cit and Robert L. Bracke and Janet M. Bracke husband and
V
wife, ( hereinafter "Bracke "), and Champion Lod LL C ( hereinafter "Americinn"
WITNESSETH That:
WHEREAS, the Bracke and Americinn have made application to the Cit Council for
approval of a subdivision and development of land within the corporate limits of the Cit formerl
described as follows:
Otitlot A Bracke Addition
(the "Subdivision" mid
WHEREAS, the applicants intend to replat Outlot A Bracke Addition into Lots I and 2
and Outlot A, Bracke Second Addition; and
WHEREAS, the Cit Council has on October 26, 1999, g ranted approval to the
Subdivision, on the condition that the Bracke and Americinn enter into this A
stipulatin 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, THERE FORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereb a as follows:
Desi of Improves ents: Improvements to. be installed a m
t Aericinn's expense b
rD
the Americinn as hereinafter provided are hereinafter referred to as "Plan A Improvements".
1. PLAN A IMPROVEMENTS: The Americinn will construct at its own expense the
followin as to lot I on which it is constructin its motel accordin to the followin terms
and conditions,
A. Americinn shall do all site g radin g includincy buildin sites,, common g reen ra and-
open spaces,, storm water stora ponds, surface draina wa and all private
drivewa includin soddin of boulevards, all in accordance with the approved
g radin g , draina and site plan. A g radin g plan with maximum two (2) foot
contours, buildin elevations, draina provisions, erosion control provisions and
cross sections, as necessarvl, shall be submitted to and approved b the Cit prior to
commencement of an site g radin g . An chan to the g radin g 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 limitations presented b the
topocy raphy and soil Of the SUbdivision in order to create the best potential
for preventing soil erosion. Amencinn Tall SUbmit an erosion control plan,
detailing all crosion control naeaSU1 to be implemented durin
Construction, said plan shall be approved b y the City prior to the
commencement of site grading or constr uctioll.
2. Erosion and siltation. control measures shall be coordinated with the
different stacyes of development, Appropriate control measures as may be
periodically regUired by the City shall be installed prior to development
when necessary to control erosion.
Land shall be developed in increments of workable size such that adequate
erosion and siltation control.s 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. 'Fhe topsoil shall be restored to a depth
of at least four Inches and shall be of a quality at least equal to the soil
quality priori to development.
C. The A ericin.n shall place iron monuments at all lot and block corners and
at all other angle points on bOUndary lines. Iron 11 shall be placed
after all street and lawn grading has been con iplete d in order to preserve the
lot markers for ftxtUre property owners,
D. Americinn Tall be responsible for maintaining they location of aild
protecting curb stops, water services , Ein l seder services. Any service or
curb stop damaged shall be repaired l or replaced as pecif ie by the City.
Americinn shall tale all necessary ad to the curb stops to brin
them flush with the topsoil after grading) or driveway surface.
E. Americinn shall be regUir to provide landscaping n creenino, as
determined by the City and as regUired by the ordinances of the City. All
commercial developments nILI t submit a 1andscap1m) plan to the City for
approval prior to commencino construction. In 110 instance shall Anicricinn
plant more than 50 percent off~ the same type of tree. A detailed landscape
plan shall be submitted to and regLllrC the approval b the City prior to
commencement of final grading and landscapino construction on each site to
be belt upon.
G. Americinn shall be responsible for street maintenance, including curbs,
bouleva sod and street sweepincy u nn i the project is complete. All streets
shall be maintained free of debris and soil Lz til the subdivision is completed.
Warnincy signs shall b e pl ace d wh en hazards develop in streets t p
the public rom traveling on same and directing attention to detours. If and
when the street becomes lmpassible, S UCh streets shall be barricaded and
closed. Its the event commercial bar €lctin(ys are occupied prior to complc l n
streets. the A mericinn shall maintain a smooth drivino , surface and adequate
drainage on all temporary streets. Amerlcinn shall be responsible for the
removal of snow from all ;ravel streets. "ne repair of any damage done to
the streets or public utilities shall be the financial responsibility of the
Am rrc inn.
1-1. ,gym ricinn shall fumish li l is and site 1r11pro�rements in accordance with
the City's Design Guidelines and Zoning Ordinance.
I. A inericinn s hall dedicate and sur all draina and unlity easements as
required by the City as shown on the finial al plat or rep at as may be required.
Americinn shall be responsible for storm serer cleaning and ho lding pored
dredging, as required, b y the City during the period of constrUCtion until
certification of~ completion of the pr jc:ct b y the office of the city engineer.
J. Americinn shall be responsible for secLiring all necessary approvals and
permits from all appropriate federal, .state, regional and local ri dict ions
prior to the conimencer ent of site grading or; construction .
K Drai aore and utility easements. 10 foot drainage and Utility easements shall
be provided along- all lot lines for 1,ot 1 and L,ot 2 Brackey Second Addition
2. DESCRIPTION of FLAN A IMPROVEMENTS ESTIMATED COST
(Americinn - of
1. Boulevard and swale sod 1,500.00
2. Landscaping k 5,000.0
3 . Street signs $ 11/a
4 . Street lints 504.00
5. Gradir $ 1 1X0.00
6. Pond gradino and seed*
i no
° ry a
7 . erosion Control 200.00
8 . Pond Protection & Restoration 5,000.00
9. Utility Protection & Repair* 500.00
10. Street Protection & R part 1,500.0
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T T AL E ST I MAT E D CONSTRUCTION C OST
OF PL AN A IMPROVEMEN S: (Americinn
$2 8,000.00
ESTIMATED ENGINEERING', LEGM, AND
ADMINISTRATIVE (20%): S 5,600M
TOTAL ESTIMATED Cv ON S R CrV I ON C O S"I'
OF AN :� A IMPROVEMENTS : S -) oo.00
SECURITY REQUIREMENT ( 25%) $8,400.00
TOTAL AL A LAN A ESCROW $4
3 . CONSTRUCTION of FLAN A IMPR OVEMENTS.
A. Constructi The c011str I Lion, installation, materials and e ui n - ient shall
be in accordance with the plans and specif ications approved by the City and
constructed and placed under schedules for performance set by the city
e ngineer.
B . Inspection. All of the work shall be under and su.ject to the inspection and
roval of the City arid, where appropriate. r rate. any other cf overnmental a gency
having . jurisdiction.
C. Easements. Subject to the provisions of paragraph 1 above, the A is r is
shall dedicate to the City, prior to approwd of the fi plat, at no cost to th
City drainage and utility casements. All such e asements required by the
City shall be in writing., and in recordable form, c ontainina such terns and
c onditions as the City sh all determine.
D. Fait hful Per ormance of Construction Contracts. Anieric;inn will fully and
faithfully comply with all terms and conditions of any and all c ontract
e ntered into by it for the Installation and construction of all Flan A
Improvements and hereby gu arantees me worknic-uiship an materials for
p eriod o ore year fc llo vir t C� i f''s final accep of the flan A
it -oven eats. C�onCUrrentl { with the execution hereof by An - i ric�inn it will
furnish to, and at all tires h r cinafter maintain with the City, a crash deposit,
p erformance bond, or an Irrevocable Letter of Credit. based on one hundred
x
and twenty-five enty -five er�cent (125 of the total e stimated cost of Plan A
Improvements as indicated in S ection 2. An Irrevoccable Letter of Credit
shall be for the exclusive €.xse and benefit of the City of Oak ark Heights
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a nd shall state thereon that the same is is gyred to assure performance by
Americinn of all the teems and conditions of this Development Agreement
and construction o#all required r pr *ovenients in accordance vftla the
ordinances and specifications o f the City {. The City reserves the riot - N to
draw, in whole or in part, on any port'on of th I rrevoca ble I., tier of Credit
cash deposit on Bored under the terms and con ditions of th A. r er ent.
should Americinn be a default of any o f the obligations herein. 'The Cash
Deposit, Bond or Irrevocable letter of Credit shall be renewed or replaced
by not later than twenty (lays prior t o its expiration with a like letter or
bond.
E . Reduction of Escrow Guara 'rhe Americinn may req uest reduction of
cash de Band or the L etter o f C redit or c�ish deposit based on
prepayment or the value of the completed improvements at he time of the
requested reduction. `I'1ie amount of reduction will be determined by the
City and such recommendation will be submitted to the City Council f:or
action.
. A llo vir - any payment for a Plan A. improvement which is within
the Engineer's estimate, the City may consider and allow a reduction of the
Cash deposit, Bond or Letter of Credit up to the rate of $1.25 for every
dollar that has been paid OUt by A.rner provided that the project is oil
schedule, Americinn is not ire defacrlt Under the terms of the Development
Ag reement and/or no traordinary expenses beyond the engineerin
estimate have been incurred during the course of the project.
4. Connection fees: 'J "he City E ngineer has computed the connection fee as prescribed
by ordinance resolution as to Outl t A and advised the City Clark as to the appropriate fee to be
collected. Connection fees foci OUtlot A. are due and payable upon execution of this agreement and
are as fo llows :
$207,480.0
After payment.. no further connec f ees for city uti l es sha be collected for any
remaining portion of Outlot A. of B rackey Addition ("THE SUBDIVISION
5 . The Americinn and/or Bracl ey sha relinburse the City of Oak Park Heights for all
previous expenses r�elatrr�cy to this development and �or� �rt��r�c� c�r��ir�eerir� , le��rl and administrative
costs relating to the public improvements involved and to be i11 erred by the City of oak earl
Heights in this development. Americinn and l racl�c v may aorce to assign suc h exp enses between
them but absent any such a reement Americinn shall pay expenses relatin to Lot l and Brac ey
pay expenses relating to Lot 2 and the remainder of Outlot A
6. GENERAL.
A. Bindina Effect. The car ni and provisions hereof shall. be bindin
L11)011 11 axed mure to the benefit t of the heirs, representatives, successors
and assions o f the parts s hereto and shall be bMd1'11 Up On all f Uturc
owners of all or any JX rt of the SUbdi ision and shall be deemed
covenants runnino with the land. F f lac, Acyreement, at the option of the
C "Ity, shall be placed on record so as to give notice hereof to
subsequent purchasers and encunibra c :s of all or any part of the
Subdivision and all recording fees, if any. shall be paid by the
.meek inn and /car Bra cf ey .
B. Final Flat Anoroval. The City agrees to give final approval to the
replat of C utlot A Up011 MCLItion and delivery o f this Agreement
and of all required documents and SCCUrity, subject to compliance
with the Ordinances of the City and ter ms and provisions hereof,
C. Incorporation of fief rent e. "I"he detail and reports set forth in the
file o f the City Planner (Northwest st Assc ciated Consultants, Inc. f=•# ale
No, 798,02 ---- 99.10) are incorporated by reference herein. The
conditions imposed by order of the city COLUIc11 are annexed hereto
as E.xhiblt A and shall be complied with by Anieri inn and
l racl.ey .
D. The City of Oak pars;. Heights may file the Developer's Agreement
of record in the office of the C ounty Recorder.
der.
E. Establishment Of C 011 tRIcti 11 SchCdUles Am ricinn shall suggest
construction schedules for Plan A. improvements which shall be
sub' ect to the review and approval of the City Engineer.
F. Outlot Development. l- rcpt as, permitted herein of fectln() Lot 1,
Br c ey Second Addition formerly part of Outl t A, Bract ey
Addition) no outlot or portion thereof is eligible for a buifdill
permit pursuant to §402.01 Subd. P until the same is replatted
J)Ur uant to the ordincrinces of the City of Oak Park Flel h s. N
further development on the rcmaining portions of C utlot A and/or
Lot 2 Brackey Second Addition formerly part of Outlot A. of
1 racl.cy Addition will be allowed until such time that racf ey's
and the City have agfreed in writino on a traffic and circulatiozl
Patterns to be implel iented for the bone of that lot and adjacent
lands.
G. Rezoning. The City has rezoned Lot L, Brackey Second Addition
from " 0' opera space to "B -2" as provided in it r ordinance 401.11.
L,ot Bracket' Second Addition formerly part of Outlot A Br acke y
Addition) shall remain " 0" op ii space U11t1 l so modified by futur
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action of the City Council if any., following are application to rezone
being submitted.
1 -1. Easements. All pUblie utility and drainage c asements shall. be
depleted on the plat and dedicated to the City of Oak P ark Hel(lits.
MnDO T Approval. Final plat approval shall be subject to lie
comments is and recommendations of the Department ent of
` ransportation as provided pUrsuant to Minn. Suat. §505,0-)., subd. 2.
J. Wa ter MaI nement Qro ArnericHin shall secure approval
from all water management organizations, affected by this
development prior to final approval.
K. Re plat. Americinn and Br cl eys shall. SUbmit the replat of Outlot A
Brackey Addition to the city and upon city approval thereof legal
descriptions in this development agreement shall be anic ded
accordingly if needed.
IN wrrNESS WHEREOF, the City and Developer loper have caused this Agreement to be
duly executed on the date and year first ab ve written.
In the presence of. CITY of OAK B ARK HEIG
B y Id,
D av id cl�aa `
,.
May or
lF ...
I'homas Helena
Administrator
7
In the presence o
r
A-
R L. Brac e
B y.°
1
Janet M. Brae.
C.M N L G G oo
S
An
B
A y
Its
STATE OF MINNESOTA
ss.
COUNTY OF WASHINGTON
O n this +� d ay o f M ,.
� 2000, before me David Schaaf and Thomas
Melena, to me personally known, being each by rye duly sworn did say that they are respectively
the Mayor and the City Administrator o the City of Oak Farb Heights, the municipal corporation
named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal
of said cor poration, and that said instrument was signed and sealed on behalf of said municipal
corporation by authority of its City C OUncil and said Mayor and Administrator acknowledgin
execution of same, to he the free act and deed. of said municipal c r or tion.
f .
'rut Notary hlie
.a KIMBERLY J. KAPE
NOTARY PUBLIC-MINNESOT
M Commission Expires Jan, 31, 2 005 f
NOTARY' PIJBIJC-MINNESOTA
LL a *°My Commjs Ijon Exo J . 31 2005
8
STATE of MINES T
SS.
COUNTY of
On this 7 day of - 000, before me a Notary Public, within and for
said Court personally appeared .o P L. RA and JANET M. RACKE 1 husband
and wife, to me personally known, being each by me duly sworn did say that they are respectively
the persons named in the foregoing instrument; and that said instrument was signed by ROBERT L.
B RACKEY and JANET M. BRACKEY as their own free act and deed.
Notary Public
D IANNE HELE
ST AT l" T NOTARY PUBLIC - MINNESOTA l
ss. ' Comm. E x p. Jan. 1, 4 005
COUNTY OF 4=4zi� I - . wwwwww
r
O n this ' day of / � A,, eue 2000, before e appeared ki
-_ - -- - -. / _- - • -- - -- - -- �z
and �� known to me to be the �` , id
C hampion L.I .C., respectively. d tai see sign the foregoin
devel
a g reement on behalf of Champion L.L. representing that they had fell authority and
power on behalf of said entity t o so and affixed their signatures hereon as their free act and deed
on behalf of said entity. a 5
�ic
DI L E Y
+. N OTARY PUBLI:
IN TA . a Comm x. 1 2005
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vier lin
c ber , La mmers, Briggs, Wolf & Vierling, P.L.L.P
1835 orthwe stern Avenue
S tillwater, N/fN 550
(6 12)
ph\de a reelhr ckey\M r h 2 2000
EXHIBIT A
Page 1
This Exhibit is incorporated by reference into the terms and conditions
of the Development Aareement
tn
The north and east facades are revised to utilize three forms of Grade l materials
and Grade I and Grade II materials must represent at least 65 per ent of the respective facades.
The parking islands and landscape lan are revised as illustrated on Exhibit C-3),
subject to further review and approval of the City Arborlst.
Additional landscaping is provided at the southwest corner of the property.
4. The site plan is revised in consideration of the revised l ndscapincy to provide; a
total of 61 off-street parking stalls.
5. An enclosure is provided for the exterior trash container, subject to rev and
approval of the City Building Official.
6. The freestanding sign shall be redesigned t '
conform to the Design uidelilles
and a monument sign is suggested instead of the proposed p ylon i( .
7. All grading, drainage and utilit y plans are subject to review and approval of the
City En
8. The applicant shall enter into a development contract with the City and post all
required securities, subject to review and approval oval of.` the City 1",n ineer and City Attorney.
9. The applicant shall receive approval from MnDO I' and the City Engineer for the
proposed access to 60 "' Street.
10. Comments of other City{ staff.
11. Approval of the preliminary and mal plat shall be sull jcct to providing all
required e se cr is and shall be subject to the review and approval of the City Engineer.
10
O ffice of the
Mity Record
h County
el"fled "led Wed ors:
2090104104 PM
3.099073
Cindy Kcasmann
iDunty Recorder
t �
i
' By: