HomeMy WebLinkAbout2001-06-15 WC Recorded Document #31630483163048
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Eckberg Law Firm
Attn: Mark J. Vierling
1835 Northwestern Avenue
Stillwater, MN 55082
DEVELOPER'S AGREEMENT
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Office of the
County Recorder
Washington County, MN
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Certified filed andlor recorded on:
2001/06/15 2:56:00 PRI
3163048
Cindy koosmenn
County Recorder
THIS AGREEMENT, made and entered into thisc)i Ky of
, 2001, by and between the City of Oak Park Heights, a municipal corporation under the
laws of the State of Minnesota (the "City"), and DDD, LLC, a Minnesota Limited Liability
Company (the "Developers").
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
WITNESSETH; That:
WHEREAS, the Developer has made application to the City Council for approval
of a Planned Unit Development and Conditional Use Permit affecting land within the corporate
limits of the City described as follows:
(the "Subdivision"); and,
Lot 2, Block 1, Kern Center 2 Addition
WHEREAS, the City Council has on April 24, 2001, granted approval of the
PUD/CUP permits on the condition that the Developer enter into this Agreement stipulating the
conditions for the installation of street, water, sewer and other public 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 Developer's expense
by the Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements".
1. PLAN A IMPROVEMENTS: The Developer will construct at
Developer's expense the following improvements under Plan A according to
the following terms and conditions:
A. The Developer shall do all site grading, common greenway and open
spaces, storm water storage ponds, surface drainage ways and all
private driveways including sodding of boulevards, all in accordance
with the approved grading, drainage and site plan. A grading plan
with maximum two (2) foot contours, pad elevations, drainage
provisions, erosion control provisions and cross sections, as
necessary, shall be submitted to and approved by the City prior to
commencement of any site grading.
Any changes to the grading plan during construction shall be
submitted to the City for approval. Each building site must conform
to the grading plan approved by the Building Inspector of the City of
Oak Park Heights prior to a building permit being issued.
B. The Developer shall control soil erosion ensuring:
1. All development shall conform to the natural limitations
presented by the topography and soil of the subdivision in
order to create the best potential for preventing soil erosion.
The Developer shall submit an erosion control plan, detailing
all erosion control measures to be implemented during
construction, said plan shall be approved by the City prior to
the commencement of site grading or construction.
2. Erosion and siltation control measures shall be coordinated
with the different stages of development. Appropriate
control measures as required by the City Engineer shall be
installed prior to development and as may be 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.
5. The Developer shall not locate its equipment within the
right-of-way of 5 8th Street as acquired by the City of Oak
Park Heights adjacent to this development without the
express written consent 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 after all street and lawn grading has
been completed in order to preserve the lot markers.
D. The Developer shall be responsible for maintainin g 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 with the topsoil
(after grading) or driveway surface.
E. The Developer shall be required to provide landscaping and
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screening as determined by the City and as required by the
ordinances of the City and in conformance with the landscaping
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plans as have received the written approval of the city planner.
F. The Developer shall be responsible for 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 travelin g on
same and directing attention to detours. The Developer 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 Developer.
G. The Developer shall furnish a site lighting plan as required by the
q y
city ordinances and City planner and implement same on the site as
approved by the city planner.
General Requirements:
H. The Developer shall dedicate and survey all drainage and storm
water holding ponds as required by the City and to be shown on the
final plat, or to be dedicated by separate easement on request of the
City. No Building Permits shall be issued until pondin g is
constructed or specified by the City Engineer. The Developer shall
be responsible for storm sewer cleaning and holding pond dredging, '
.
as required, by the City prior to completion of the development.
The City of oak Park Heights is requiring Developer to dedicate
storm water drainage areas and holding ponds to serve Developers
project. Such areas 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 of
Oak Park Heights.
I. The Developer shall be responsible for securing all necessary
approvals and permits from all appropriate federal, state, regional
and local jurisdictions prior to the commencement of site gradin g or
construction.
J. Drainage and utility easements. 10 foot drainage and utility
easements shall be provided along exterior boundaries of the
subdivision, but not along interior boundary lines.
2. DESCRIPTION OF PLAN A IMPROVEMENTS: ESTIMATED COST
1. Boulevard and Swale sod
2. Boulevard trees
3. Street signs
4. Street lights
5. Grading $ 10 000
6. Erosion Control $ 2,150.00
7. Pond Protection & Restoration $ 2,500.00
8. Utility Protection & Repair $ 1,500.00
9. Street Protection & Repair $ 7,400.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 %):
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
TOTAL PLAN A LETTER OF CREDIT/
CONSTRUCTION ESCROW
$ 6,250.00
$ 15,000.00
nla
nla
$ 44,800.00
$ 8,960.00
$ 53,760.00
SECURITY REQUIREMENT (25 %) $ 13,440.00
$67,200.00
3. CONNECTION CHARGES: Connection fees for the subject property are
due and payable upon execution of this Agreement. The connection fees are
to be paid in total. The amount due for this development is in the amount p Trio unt o f
3 �
,125.00.
4. GENERAL:
A. Binding Effect. The terms and provisions hereof shall be
binding
inure and nure to the benefit of the heirs, representatives, successors
s
and assigns of the parties hereto and shall be binding upon all future
binding p re
owners of all or any part of the Subdivision and shall be deemed
covenants running with the land.
References herein to Developer, if there be more than one, shall
mean each and all of them. The Agreement, at the option of the
City, P
y, shall be placed on record so as to give notice hereof to
subsequent purchasers and encumbrances of all or any part of the
Subdivision and all recording fees, if any, shall be aid by the
Developer.
Y
eloper.
B. Grading and Drainage Plans. All grading, storm water and/or
dlor
drainage plans must be approved by the office of the City Engineer
ty �. eer
prior to a building permit being issued.
C. Incorporation of Reference. All plans, special provisions, proposals,
p , p oposals,
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of
this Agreement by reference as fully as if set out herein in full.
Specifically the Planning and Engineering reports and final permits
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approved by the City Planner and the City Engineer are specifically
incorporated by reference herein and included herein as if originally
m ade part of this agreement.
D. The City of Oak Park Heights shall file the Developer's A e
p AD - cement
i
of record in the office of the County Recorder, rovidin that the
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Developer is not in default under the terms of the Development
Ag r
E. Handicapped Parking. Location of disability/ handicapped stalls
y pp Its
shall be made more efficient with regard to servin g ail of the areas of
the proposed facility. All disability stalls currently shown as
oriented to the parking lot to provide reasonable handicapped access
and pP
shall be installed as set forth on the approved site plan.
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F. Landscaping. Final Landscaping plan is to be developed and is
subject to the approval by the City Planner.
G. Trash Receptacles. All trash receptacle areas have been designated
on the site plan for the entire building. All tenants of the building
will be required to utilize these trash receptacles or will be required
to store trash internally. The two trash enclosures shall be
constructed of brick to match the proposed buildings.
H. Lighting. Developers must submit a lighting plan to the City Planner
with such plan being subject to the approval of the city planner. A
photo - metric lighting plan shall be submitted and subject to review
and specific approval of City Staff. All lighting shall be hooded and
controlled so as not to direct light source to adjacent lands and not to
be visible from the public right -of -way or from adjacent properties in
compliance with Section 401.15B.7 of the Zoning Ordinance.
Signage. A master signage plan shall be developed by the
Developers and submitted to the office of the City Planner for
approval. All signage shall be conformed to the master signage plan
so approved by the City Planner.
1. Any changes to City approved lighting, drainage, signage and/or
landscaping final plans must be approved by the City Council.
K. All cross - easements to allow street access to Phase 2 of this
Development, in addition to all restrictive covenants or other
agreements affecting land use of the premises between the two
facilities, shall be subject to review and approval by the office of the
City Attorney.
L. Row and curb barriers shall also be provided at the other parking
areas in the development as required by the office of the City
Planner. Such areas should also accommodate additional trees and
landscaping.
M. The submitted site or landscape plan shall also be modified to
illustrate areas intended for snow storage.
O. The terms and provisions of the Conditional Use Permit and Planned
Unit Development for DDD. LLC are attached hereto as Exhibit 1
and are incorporated by reference herein.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to
be duly executed on the date and year first above written.
Thomas Melena, City Administrator
CITE'; OF (AK PARIS IIEIGHTS
i I
By:
DDD LLC,
And
By:
Its:
ThvidBeaudet, Mayor
By: d--,AL
Y
Its: (✓(�` er7/
STATE of MINNE S OTA }
) ss.
COUNTY of WASHINGTON)
S:
On this 4.1 — day of 1 2001, before me a Notary Public, within
and for said County personally appeared Davi Beaudet and Thomas M. Melena, to me personally
. � p sonally
known, bein each by me duly sworn did say that they are respectively the Mayor and th
p y y the
Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing
�
instrument; and that the seal affixed to said instrument is the corporate seal of said corporation,
� and
that said instrument was sgned. and sealed on behalf of said municipal corporation by authority p rp y ty of
its City Council and said Mayor and Administrator acknowledged said instrument to be the free act
and deed of said municipal corporation.
JULIE A. HULTMAN
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2005 {
STATE OF
} ss.
COUNTY OF �� �� )
J
on this 1 day of Ma , 2001, before me, a Public
within and for said County and State, personal appeared and
C(A n(1 _ , to me personally known, who, being each by me duly sworn did
s ay that they are respe d i v e ly the \ Ate, i i n and the ' , - , ,
. � . � t o f DDI�,
LLC, a Minnesota Limited Liability Company, named in the foregoing instru t ent, and that said
instrument was signed on behalf of DDD, LLC by authority of its Board of Directors and said
SJ\1' and Sbijn 11 ecitn t acknowledged said instrument
� � to be the
free act and deed of said limited liability company.
JULIE A. HULTMAN
NOTARY PUBLIC- MINNESOTA
My Commission Expires ,an. 31, 2005
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
& Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, vZN 55082
(651) 439-2878
Exhibit 1
Conditional Use Permit and
Planned Unit Development
Owner: DDD LLC
Address: 3686 LAYTON AVE NO
LAKE ELMO, MN 55042
General Description:
CITY OF OAK PARK HEIGHT'S
CONDITIONAL USE PERMIT
AND
PLANNED UNIT DEVELOPMENT
FOR
DDD. LLC
File No.: Date Issued:
MAY 2001
Legal Description: (Washington County Geo. Code 0(0-029 0- _ 000v)
LOT 2, BLOCK 1, KERN CENTER SECOND ADDITION
Present Zoning District: B -3 HIGHWAY BUSINESS AND WAREHOUSE
Permitted uses set forth in Ordinance 401 Section 401.300
1. CONDITIONAL USE PERMIT FOR:
All uses shall be subject to the following conditions andior restrictions imposed by the City Council of the
City of Oak Park Heights.
Construction of two office/warehouse buildings at the intersection of Memorial Avenue and 55 St North.
The front of the lot shall be determined to be the side fronting Memorial Avenue. Phase 1 shall consist of the
construction of a 14,500 square foot building as depicted on the attached P lans.( Exhibit A). Phase 2 shall consist
�
of the development of the eastern section of the lot and the construction of a Building containing 12 500 square � s uare q
feet.
H. ADDITIONAL RESTRICTIONS AND PROVISIONS.
The following additional restrictions and provisions being art of the Conditional
p Use Permit to be issued
herein affecting the following matters shall be:
A. Accessory Buildings: None allowed
B. Fencing: None allowed
C. Exterior Storage: None allowed
D. Chemical/Pollutant Storage and Disposal: None allowed
E. Screening: per approved plans
F. Landscaping: Subject to approval of the city arborist
G. Lighting: Pursuant to ordinance
Parking: As set forth on the approved site plans
I. Hours of Operation: Not regulated
J. AdvertisinglSignage: Pursuant to ordinance
I. Drainage: Subject to the approval of the city engineer
L. Other :None
IV. Reference Attachment:
The recommendations of the City Planner as adopted by the City Council are annexed hereto be reference.
Date: S 70/lQ/
Date:
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
By
By Zafg
Mayor
1.
\rN
Thomas Melena
City Administrator
Applicant/Permit Holder
Applicant/Permit Holder
� GHTS
Ld
xf ;bit A
CITY PLANNER RECOMMENDATIONS
OAK PARK HEIGHTS
DDD, LLC — Conditional Use Permit, Planned Unit Development Amendment and Site Plan Review
Planning Commission Recommendation: April 12, 2001
City Council Approval: April 24, 2001
The City Council approved the Planned Unit Development, the Conditional Use Permit, and the site plan review for two office/warehouse
buildings at the intersection of Memorial Avenue and 55 th Street North with the following conditions:
1. The City Council grants flexibility to consider the front lot line and building front to be Memorial Avenue North.
2. Building elevations are revised to note the proposed colors of the painted concrete block and trim. The primary color must be a
soft, warm, earth tone. Color samples must be submitted for City review and approval.
3. Building #2 is revised to include at least one stepped back break in the facade that is similar to Building #1.
4. The landscape plan for the entire property including all phases is subject to review and approval of the City Arborist. Further
review and approval of the landscape plan by the City Arborist will be required for that area identified for ponding if the
Watershed District determines that the stormwater pond is not required. Landscaping must include screening of trash enclosures
and loading areas.
5. Details of the proposed wall lights are submitted and are compliant with Section 40 1.15.7 of the Zoning ordinance.
6. Wall signage must not exceed 64 square feet for each business. If a monument sign is proposed, plans must be submitted
showing that the sign does not exceed 50 square feet. The plans are subject to City review and approval.
7. All grading, drainage and utility plans shall be subject to review and approval of the City Engineer.
8. Watershed District approval is required.
9. A phasing plan is required and is subject to City review and approval. The parking lot for both development phases shall be fully
constructed within one year of issuance of the building permit for Building #1.
10. If Phase 2 does not begin within three years of PUD approval or if the plans substantially change, approval of Phase 2 will be
cancelled and the project must go through the review process again.
11. A development agreement will be required between the City and developer subject to review and approval of the City Attorney.
12. Comments of the Planning Commission, City Council and other City staff.
EXHIBIT "A"
1 L.L.C• OFFJJAFEPOUSE
10' -0" PARKING; 13'
SETBAC)
8U1 ING I
SETBACXi
SOIL
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jHCCESSJBLE CUB'
CUT SEE 2 /A1,
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1 ACCESSIBLE ARKtN
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to 0
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11"
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150w i-1. P . 0--
15' -Q" -
(6 THUS) !
f 26
12 "i
SCALE. ,
E S T E P H A N
E N G I N E E R I N G
1315 Buchanan St. N.E.
Minneapolis, MN. 55413
Phone: 612-781-8009
V-0"
8' -Q
E N G I N E E R
BOLLARD DETAIL
/
ROOF HATCH
SEE 3/A3
(VERIFY LOC N
w/ OWNER)
56' -D"
5• , 0 . 56•..
SLOPE
- 6'0 STL PIPE
FILL W/ CONC
ROUND TOP
r- - PAINT BOLLARD
- 30 L9 FELT -,LIN T
A FERIAE TYP
- BI TUUAINOUS
-
--72". FOOTING
P ON D ARE -
vERFY Y41T1-1
CIVIL DRAWINGS
•
PROPOSED
BUILDING #1
14,500 S.F.
I r _
`, ■ I V
;< t ,
r I '� N
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f
P. PAVE> ENT DESIGN:
U CYY 1. AJI Drive Aisles And Truck Moneuv�er;ng Areas
2' 3 t N. 0 2331 T 41
28 &49 S88
..r...t _L.....��.. f �+ms+vus Wear Course >a
, - } - 2' Bituminous Binder Course IAN. O.Q.T. 2331 Type 3l
V3 Vi ^
5 5 T H S T NORTH
NORTH
SITE PLAN
`ca ca
I
a VERT BARS 0
2 Q.C. w/ /4 BEN T
DOWELS IN TO FIG.
•
TRASH
ENCLOSURE
E 6 /Ai
LARD '.
SEE 5/AI '
(12 THUS,
22••''•0"
OUNTABLE -- )
lJ e.
SEE 4/A1
CONC. STOap
(7 THUS) ,
PkR,
'DOWNSPOUT,
� y` CASH BL
THUS, VERIFY
LO
9! TE]MINQUS--\
SCALE: 1
13' -4"
(_ -
'5" CONC. SLAB =I
L ON GRADE
r 5' COUPACTED -
I : CLASS 5 8'ASE
a .
_
5
r f
TRASH ENCLOSURE DETAIL
SCALE: 1/4` z4
A R C H I T E C T E C T
L A M P E R T
A R C H I T E C T S
13837 NE Lincoln St
Ham Lake, MN 55304
Phone: 763-755-1211
150W H.P.S.
15 A.F.F.
(6 THUS)
r----METAL CAP FLASHING
w/ DRIP EDGE - -
C 8 - CONC. 9L1<. PAINT
TO MATCH BUILDING -,
- 1
7c - '
cv :
12 • "x15' CONC. F"TG.J
w/(2) 15 CONT
- 17N
55 ST N
VICINHHTY MAP
Nor 70 SCALE 40
VERT CEDAR CATE
w/ CEDAR LATCH
LATCH 12' --0 WIDE
x 5 HIGH
NORTH
2. Alt Parking Areas
1 I /2" Bituminous Wear Course MN. 0.0.T. 2331 T
yps 41
1 1/2' Bituminous Binder Course MN. Q.O.T. 2331 Tree 31
6' Compacted Class 5 Brio JAN. 0.0.T 3138
3. Verify With Existing Sod Conditions And Ad jsst Accor4:tigly
C O M M E
F O R C O
A. GENERAL ;N
Pro sot Nai
ProP`ct LocQ
Lot 5+2!' 2.50 A
Zonin And Larso
H ard 5urfocs Covr-
Cr er� rooce
B. APPLICABLE
7 . Uniform 5
2. Oak P
3. Minnesa Ia
4 • ' I o
WYe.t0
6• Minn sdla
7. Minnesota
8, Uniform ' e.
9. 1esato '
1 � 11innis
11 . Uniform 1fcc7
12, E1e,tor Sar•
C. OCCUPAP'r .
orric Bu+ldin 1 •
\lowland/ Bu i o Y
1 49OO
D. TYPE OF Cc
Tye 1 -N - k1J
Fu,1y spnrIlderea
E. BUILDING AR
Total Square Fir
F ALLOWABLE -
1. MIO'xtzle
2 . P*oRased des:
3. Asorradla Are.
17.000 S.F :
24,000 S F
4 . MOrra�lr Ar::
1 2.000 S.F
14000 S F.
5. Area Qi et3c --
14, 500 S F. j
Buidmg 2 I'
G. OCCUPANCY
No Separation 9e
H. AREA SEPARA
Not Required
I. FIRE RES1ST1
1. Exterior Beorlr
2. Interior 8earn-
3 Exterior Non -'
4• StructwW Fr ,--
5 Perman ; e
6. Shaft EnGoiur
7. Floors And
8. Roofs and R.,.
9. Ex Doors
J. GENERAL FIRE
HIGH -PILED =v
Material Storage r°
K. OCCUPANCY L
Occupancy Loaa
L. EXITING
7. Number Of Exit
0501 Occuo
2. Distance To Ex.
Less T o 25C
3. Corridor ;*75t'
44` At Cc cUpo
4. Arrangement C
Not Less Than
5. Exit '*dth (t1EC
u(,. Clecr Mot-
6. Door width (U
*1 Exit Doors SL +.
7. Door Swing (uB`:
Doors Swing
8 ryas O f Lock 3 r
°penaote From
Uonuofty Opera,
Botts ono art.,
That May 8e s�
Not 31 Used
M. OTHER
1. 8uiding !s Acccs
2. Roof Access (u`
6C• F. sins Ladd,:
3. Roof Hatch (uL3
Not Less Mon
4 - o.oft Stops (USO
Hat T ed
5. Reeycring Spoor
N. PLUMBING >"I T1.
Based On Occupants
I. Water Closets
2. Urinals
3. Lavatories
4. Fpc4Utains
5. Serwce Sirsit
0. PARKING
1. Office (3u= €ding 1'
2 Warehouse (7 c
3. Office 3uddtng
4. Warehouse Bu!Id
5. Parking Pronoec .
6. Porxtng Prowled
7. rota Parking Rec..
8. Totoi P7rkin9 arp�
9. Statl Sire
1O. Striping - 4 1►r