HomeMy WebLinkAbout2005-10-07 St. Croix Title Ltr to OPH Re Recording of DocumentsOctober 7, 2005
Mr. Eric A. Johnson
City Administrator
City of Oak Park Heights
14168 Oak Park Blvd. North
Oak Park Heights, MN 55082
1. Amended Development Agreement
2. Amended P.U.D. Permit
3. Consent and Subordination Agreement
4. Amended Declaration
ST. CROIX TITLE
RE: Fox Hollow ir4
If you have questions on this, kindly advise me. Best personal regards.
(\ OCT - 2005
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Dear Eric:
This letter is to confirm that our office will immediately proceed to record with the Tshington
County Recorder's Office the following documents in the order noted, to-wit:
3880 Laverne Avenue North • Lake Elmo, Minnesota 55042 • Office: (651) 777-6960 • Fax: (651) 777-8937
An Affiliated Business of
LAWSON, MARSHALL McDONALD & GALOWITZ PA
Lawyers
WITlYESSETH; That:
(the "Subdivision "); and,
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AMENDED DEVELOPER'S AGREEMENT
October
THIS AGREEMENT, made and entered into this 7th day of , 2005, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota (the "City "), and River valley Rentals LLP and Fox Hollow East LLC (the
"Developer ").
WHEREAS, the Developer has made application to the City Council for approval of a
Planned Unit Development Permit, Comprehensive Plan Amendment and for a plat approval of
land within the corporate limits of the City described as follows:
OUTLOTS A,B, AND C,
Lots 1 and 2 of Block 1
And
Lot 1 of Block 2
FOX HOLLOW PUD
WHEREAS, the City Council had on August 24, 2004, granted original approval to the
Subdivision and approved related 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; and
WHEREAS, the Council approved on July 26, 2005 an amendment to the development
plan as reflected in the attached Resolution dated July 26, 2005.
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:
1 This document effectively replaces the original Developer's Agreement Document recorded as Doc No. 3517351 in
the office of the County Recorder in and for Washington County Minnesota.
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 60th Street North (State I- Iighway 36 Frontage Road) or within the
right-of-way of Oxboro Avenue North 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 maintaining the location of and
protecting curb stops, water services and sewer services. Any service or
curb stop damaged shall be repaired or replaced as specified by the City.
The Developer shall make all necessary adjustments to the curb stops to
bring them flush with the topsoil (after grading) or driveway surface.
E. The Developer shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City. Final
landscaping plans must be submitted to the office of the City Planner for
approval .
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 traveling on same and directing attention to detours. The
repair of any damage done to the streets or public utilities by Developer or
any of its Contractors or Subcontractors, shall remain the financial
responsibility of the Developer.
G. The Developer shall furnish site lighting in accordance with the City
Ordinance requirements pursuant to a plan which must receive the approval
of the City Planner.
H. The Developer shall dedicate a reasonable portion of this proposed
subdivision as the City Council reasonably determines to the public for
public uses as parks, playgrounds, public open space, trails, or other
conditions as required by the City and as shown on the final plat. In lieu of
complete land dedication, Developer shall upon execution of this
Developer's Agreement, pay a park dedication fee now prescribed by
ordinance and /or resolution. The cash park dedication fee for this
subdivision is in the amount of $22,952.00.
I. 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. 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 Developer's 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.
J. The Developer shall be responsible for securing all necessary approvals,
PUDs, CUPs and permits from all appropriate federal, state, regional and
local jurisdictions prior to the commencement of site grading or construction
and prior to the City awarding construction contracts for public utilities. The
Developer shall secure the appropriate MnDOT access permits for the access
onto the MnDOT Frontage Road from Outlot B.
K. Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all lot lines in the Plat.
L. Wetland Designation. All areas classified as wetlands shall be displayed
upon the plat and those so specified by the City Engineer shall be dedicated
to the public for that purpose.
M. Tree Protection and Clearing. The Developer must have the City Arborist or
a person under her designation providing on -site supervision and direction
during the clearing process. Prior to the clearing operation being initiated all
clearing limits and trees to be protected shall be clearly marked. Tree
protection fencing shall be installed and maintained until after grading is
complete. All fencing shall be installed at least 20 feet distant from the
trunks of large shade trees (deciduous) and around coniferous trees no closer
than the drip line. Silt fencing may not be used as a substitute for tree
protection fencing. Fencing shall be orange in color with steel posts at 6-8
foot intervals. The City Arborist shall be contacted by Developer for an
inspection after the fencing is installed. All tree replacement fees due the
City pursuant to the City Tree Protection ordinance following shall be paid
within 10 days following the Arborists certification of amounts due.
O. Warranty of Title. By its execution hereof Developer hereby warrants and
represents that it has the exclusive and marketable fee title to the subject
property. Developer further warrants and represents that there are no liens or
encumbrances against the title or that it has provided and recorded releases
of lienholders as to this Amended Developer's Agreement and to the
Amended PUD Permit and that Developer is fully authorized to execute this
agreement as the fee owner of the subject lands. Developer shall provide
proof of title as required by the City Attorney
P. Fire Hydrants. All fire hydrants throughout the development shall
incorporate an AFC- Waterous Storz Nozzle. The hydrant pumper nozzle
shall be of one-piece design, compatible with a five inch Storz hose
coupling. The nozzle shall be an integral part of the fire hydrants and must
be furnished by the manufacturer or authorized distributor designated by the
manufacturer. Storz adapters will not be accepted.
Q
Encroachments into the City Right of Way, drainage and utility easement
areas.
The Developer shall be responsible for all costs reasonably incurred by the
City as may be necessary to repair or replace any private improvements that
have been located into on or over the City easement areas in the event that
the City needs in the future to make repairs to its facilities, utilities and/or
maintain its pond as is currently located or to be located, within those
easements. The Developer's private improvements that are located within the
City's easements are permissive in nature and accrue no legal right of
placement being there solely at Developer's risk of loss and cost or
replacement.
2. DESCRIPTION OF PLAN A IMPROVEMENTS. ESTIMATED COST
........................................................................... ............................... .................
1. Boulevard and swale sod $ 11,000.00
2. Landscaping $ 32,926 00
3. Street signs $ 750.00
4. Street lights N/A
5. Grading, Streets and Removals $ 232,800.00
6. Erosion Control $ 5,000.00
7. Pond Protection & Restoration $ 5,000.00
8. Utility Protection & Repair $ 5,000.00
9. Street Protection & Repair $ 8,300.00
10. Sanitary Sewer $ 3,000.00
11. Water Main $ 40,000.00
12 . Storm Sewer
13. Existing Trunk Sanitary Sewer Replacement
14. Existing Trunk Storm Sewer Replacement
15. City Inspection of Existing Trunk Sewers
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20%):
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
SECURITY REQUIREMENT (25 %)
TOTAL PLAN A ESCROW
(fox Hollow)
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
(Fox Hollow)
A. Construction. 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 governmental agency
having jurisdiction.
C. Easements. The Developers shall dedicate to the City, upon approval of the
final plat, at no cost to the City, all permanent or temporary easements
necessary for the construction and installation of the Plan A Improvements
as determined by the City. 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. If within the platted area, all such easements shall
be dedicated to the City and specifically described within the Plat. As it
affects all easements located outside the platted area, the same shall be
dedicated by separate easement conveyed to the City of Oak Park Heights
prior to the execution of the Development Agreement.
$ 20,150.00
$ 67,900.00
$ 71,000.00
$ 9,400.00
$512,226.00
$ 102,445.20
S614671.20
$153,667.80
$768 339000
D. Faithful Performance of Construction Contracts. The Developer will fully
and faithfully comply with all terms and conditions of any and all contracts
entered into by the Developer for the installation and construction of all 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 with the execution of this Agreement,
Developer or its general contractor shall provide a Letters of Credit to the
City of Oak Park Heights in a form to be approved by the City Attorney,
guaranteeing the performance by Developer of the construction of the Plan
A Improvements in a timely and proper manner. Additionally, Developer
guarantees and agrees that, should the City of Oak Park heights need to
apply a claim on said Letters of Credit, that Developer shall pay all attorney's
fees and administrative expenses associated with said action.
E. Security to be filed with the City
Letter of Credit. The Developer shall post security in the form of a letter of
credit from Lake Elmo State Bank to secure the construction of items 1
through 9 above in the amount of $451,163.00
Letter of Credit. The Developer shall post security in the form of a letter of
credit from S C Bank to secure the construction of items 10 through 15
above in the amount of $317, 176.00.
No work shall be commenced under this Agreement until the Developer
shall have filed with the City the securities (letters of Credit), in the amount
of $451 63.00 and $317,175.00 being the estimated costs for items 1
through 15 with security and engineering above. The Irrevocable Letters of
Credit shall be for a minimum period of one year and shall be filed with the
City prior to the Final Plat being recorded. If either of the Irrevocable
Letters of Credit expires prior to the improvements as specified herein
being completed, it /they shall be renewed or replaced not later than thirty
(30) days prior to its expiration, with a like Irrevocable Letter of Credit; and
if not so replaced the City may declare the Developer in default hereunder
and exercise its rights and remedies and may draw on said Irrevocable
Letter(s) of Credit for the remaining improvements. The Irrevocable
Letter(s) of Credit shall be for the exclusive use and benefit of the City of
Oak Park Heights.
F. Reduction of Security Guaranty for Plan A Improvements: The Developer
may request reduction of the Letter(s) of Credit based upon prepayment or
the value of the completed improvements for items 1 through 15 at the
time of the requested reduction. If city engineer evaluations are
requested, the Developer will be responsible for the estimated costs
incurred by the City for performing the additional evaluations. The
amount of reduction will be determined by the City. In no event shall the
security guarantees be less than five percent (5%) of the original security
guarantees until all Plan A Improvements have been approved and
accepted by the City.
G. It is agreed that all labor and work shall be done and performed in the best
and most workmanlike manner and in strict conformance with the
approved plans and specifications on file with the City Engineer. No
deviations from the approved plans and specifications will be permitted
unless approved in writing by the City Engineer or his designee.
H. M.J. Raleigh Trucking, Inc., a Minnesota corporation, is the general
contractor for the Plan A Improvements required by this Contract, and has
been accepted by the City.
I. It is further agreed that the Developer shall provide all staking, except
construction staking, surveying and resident inspection for the above
described improvements in order to insure that the completed
improvements conform to the approved plans and specifications. The City
will provide for general inspection and construction staking, and shall be
notified of all tests to be performed.
In case any material or labor supplied by the Developer shall be rejected
by the City Engineer or his designated representative as defective or
unsuitable, then such rejected material shall be removed and replaced with
approved material and the rejected labor shall be done anew to the
specifications and approval of the City Engineer and at the sole cost and
expense of the Developer. The Developer will commence work hereunder
promptly but not later than June 1, 2005, and will have all work done and
the improvements fully completed to the satisfaction and approval of the
City Council of the City of Oak Park Heights, Minnesota on or before
April, 2006. If necessary, the Developer shall be responsible for a separate
project to construct the ultimate street improvements, including concrete
curb and gutter repair or installation. The ultimate street improvements
shall be constructed within one calendar year after 95% of the homes
within the development are occupied. Inspection of the ultimate street
improvements shall be provided by the City at the Developer's expense.
The City shall assist the Developer by notifying residents of the work and
holding all necessary informational meetings. It is specifically understood
that Final Approval and Acceptance of this development project shall take
the form of a Resolution duly passed by the Oak Park Heights City
Council, on the advice of the City Engineer.
J. It is agreed, however, that the Developer shall submit a written schedule
indicating the progress schedule and order of completion of the work
covered by this contract. It is further agreed that upon receipt of written
notice from the Developer of the existence of causes over which the
Developer has no control which will delay the completion of the work, the
City Council, at its discretion, may extend the date herein before specified
for completion and that any security required herein shall be continued by
the Developer to cover the work during this extension of time. It is
distinctly understood and agreed that all work covered by contract shall be
done at no expense to the City of Oak Park Heights except as may be
provided in the Special Conditions attached hereto and made a part hereof.
K. Copies of all bids, change orders, contracts, progress payment verification,
lien waivers, suppliers, subcontractors, etc. shall be forwarded to the City
Engineer for their files.
L. Upon completion of all the work required by the City Engineer or their
designated representative, a representative of the contractor, City's
Consulting Engineer, and a representative of the Developer's Engineer will
make a final inspection of the work. Before final payment is made to the
contractor by the Developer, the City Engineer shall be satisfied that all
work is satisfactorily completed in accordance with the approved plans
and specifications; and the City's Consulting Engineer shall submit a
written statement attesting to same.
Upon making final payment, the Developer shall submit certification that
the project is free of claims, liens and any other encumbrances.
It is further agreed anything to the contrary herein notwithstanding, that
the City of Oak Park Heights's City Council and its agents or employees
shall not be personally liable or responsible in any manner to the
Developer, the Developer's contractor or subcontractor, material men,
laborers or to any other person or persons whomsoever, for any claim,
demand, damages, actions or causes of action of any kind or character
arising out of or by reason of the execution of this agreement or the
performance and completion of the work and the improvements provided
herein, that the Developer will save the City harmless from all such
claims, demands, damages, actions or causes of actions or the costs,
disbursement and expenses of defending the same, specifically including,
without intending to limit the categories of said costs, cost and expenses
for City administrative time and labor, costs of consulting engineering
services and costs of legal services rendered in connection with defending
such claims as may be brought against the City.
M. Upon completion of the work, the Developer and/or its contractor shall be
required to furnish the City a two -year warranty guaranteeing said work
and materials to the City.
N. Prior to the City accepting the work, the Developer shall provide an "as
built" cost summary of the Plan A Improvements.
O. Ownershi of items 10 throu h 15 of the Plan A Im rovements . All such
improvements as constructed shall become the property of the City of Oak
Park Heights. The Developer shall dedicate to the City prior to approval of
the final plat at no cost to the City all permanent and temporary easements
necessary for the construction of such improvements as determined by the
City.
4. Connection Charges. All connection charges and fees shall be paid by Developer.
The City Engineer shall compute the connection fee as prescribed by
ordinance /resolution as to this development and advise the City Clerk as to the
appropriate fee to be collected. Connection fees for all lots and blocks are due and
payable upon execution of this agreement and are as follows:
Fox Hollow All Lots and Outlots
The overall gross area of the development is 2.396 acres. After subtracting out the
non - developable storm water ponding area totaling 0.192 acres, the net developable
area upon which the connection charges are based is 2.204 acres.
The City reserves the right to modify or adjust the manner of computation of
connection fees from time to time which may adjust or increase the connection fees
on the Outlots at such time as they become due.
5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow account
to the City of Oak Park Heights in the amount of $3,000.00 to reimburse the City of
Oak Park Heights for previous billed staff and administrative expenses relating to
this development and to be applied to future staff expense in the supervision and
administration of this development contract.
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Sanitary Sewer $ 6,689.14
Water $11,637.12
Storm Sewer $j4733.74
6. GENERAL:
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 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, 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 paid by the Developer.
B. Final Plat Approval. The City has given final approval to the plat of the
Subdivision (FOX HOLLOW) upon execution and delivery of this
Development Agreement, and of all required documents and security,
subject to compliance with the Ordinances of the City and terms and
provisions hereof, permits may be issued by the City. In addition thereto and
as part thereof the City has imposed the following conditions:
The following permits are granted:
(1) Amended Planned Unit Development General Plan of
Development Approval
(2) Preliminary /Final Plat Approval
(3) Design Guidelines Conformance
(4) Minor Amendment to the Comprehensive Plan to Allow for the
Land Use Map to be Revised as Mixed Use
Residential /Commercial for Said Property
Subject to the following conditions imposed by the City Council August
24,2004:
1. The 25 foot front yard setback for the office buildings is acceptable
and shall be imposed as part of the general plan of development
approval.
2. The plat /development agreement shall provide the appropriate
easements as required by the City Engineer and City Attorney.
3. The City Attorney shall determine the use of Outlots for the pond
and access drives.
4. All access and parking easements and agreements shall be
11
addressed in the development agreement.
5. Park dedication fees of $22,952 shall be paid at time of finalization
of the final plat and development agreement.
6. The MnDOT permit for access to 60th 1 Street North shall be
provided to the City and is a condition of these approvals.
7. At least one van accessible stall shall be provided in the
underground parking garage of the condominium building.
8. At least one van accessible stall shall be provided, in addition to
the two stalls shown on the plan, for the office buildings. The City
Engineer shall comment on the parking stall dimensions within the
office building parking garage.
9. The grading and drainage plans shall be subject to review and
approval of the City Engineer and the Middle St. Croix Water
Management Organization.
10. The alternate grading plans, that indicate a portion of property
owned by xcel Energy, shall be subject to written approval of Xcel
Energy and the City Engineer.
11. The utility plans are subject to review and approval of the City
Engineer.
12. The landscape plans, tree removal plans, and preservation plans are
subject to review and approval of the City Arborist.
13. The applicant shall add additional plant material directly adjacent
to the condominium building to reduce the mass and scale of the
elevations subject to review and approval of the City Arborist.
14. The applicant shall construct an extension of sidewalk on the west
side of the westerly office building to 60 Street.
15. The applicant shall provide plans for pool area lighting and the
pool area shall comply with the City's noise ordinance. The pool
area shall close between the hours of 1 0:00 PM and 6:00 AM and
pool area lighting shall be shut off at least one -half hour after the
closing time.
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16. All lighting fixtures shall be in compliance with the lighting
requirements of the Zoning Ordinance.
17. All of the monument signs shall be allowed at a maximum height
of eight feet.
18. The building design is consistent with the Design Standards.
19. A development agreement shall be required between the City and
applicant subject to review and approval of the City Attorney.
Also subject to the amending (additional) conditions imposed by the City
Council on July 26, 2005:
1. The Planning Commission and City Council find that the 25 foot front
yard setback for the office buildings is acceptable as part of the general plan of
development approval.
2. Lot 1, Block 1 shall be merged with the adjacent lots for tax purposes and
deed restrictions shall be placed upon the lot so no construction can occur on the property
in the future. The lot merger and deed restriction documents shall be subject to review
and approval of the City Attorney.
3. The parking lot drive aisles shall be properly signed as one -way where
applicable. The parking lot signage plan shall be subject to review and approval of the
City Engineer.
4. The grading and drainage plans shall be subject to review and approval of
the City Engineer and applicable watershed district.
5. The utility plans are subject to review and approval of the City Engineer.
6. The landscape plans, tree removal plans, and preservation plans are subject
to review and approval of the City Arborist.
7. All lighting fixtures shall be in compliance with the lighting requirements
of the Zoning Ordinance.
8. The proposed monument sign shall be provided with a landscaped base or
planter and the signage portion of the sign must be no more than eight feet in height.
9. The City Council finds that the building design is consistent with the
Design Standards.
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10. A development agreement amendment as required by the City Attorney,
between the City and applicant, subject to review and approval of the City Attorney.
11. All conditions approved by the City Council on August 24, 2004 for the
Fox Hollow development general plan of development approval.
C. Incorporation of Reference. All plans, special provisions, proposals,
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 following
Planning Reports and Engineering files and final documentation approved
by the City Planner and the City Engineer are specifically incorporated by
reference herein and included herein as if originally made part of this
agreement.
August 5, 2004 . Report of Northwest Associated Consultants, Inc., Oak
Park Heights/Fox Hollow PUD, general plan of development, File No.
798.02 -04.04
August 17, 2004 - Report of the City Engineer, Bonestroo, Anderlik, Rosene
& Associates
City Council Minutes of August 24, 2004.
March 17, 2005 letter from Bonestroo, Rosene, Anderlik and Associates.
March 28, 2005 letter from Bonestroo, Rosene, Anderlik and Associates.
Lily 7, 2005 Planners report from Northwest Associated Consultants.
D. Amended P.U.D. Permit. The City of Oak Park Heights shall file the
Amended Planned Unit Development Permit of record in the office of the
County Recorder. Providing that the Developer is not in default under the
terms of the Development Agreement, the City shall provide appropriate
releases to the financial aspects of same and documentation to individual
buyers of lots.
E. Administrative and Miscellaneous Expenses. As to any and all
administrative, legal or engineering costs which the Developer is expected to
pay to the City of Oak Park Heights, which costs may be offset against the
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Cash Escrows and/or Letters of Credits which the Developer has filed and
provided to the City of Oak Park Heights, the Developer shall be given the
opportunity to review and comment on such costs prior to the application by
the City of Oak Park Heights to the bonding company for the payment of
same. Should the Developer dispute the reasonableness of any of the City's
charges, Developer shall have the right to submit any such dispute to
arbitration at Developer's sole and exclusive expense. Arbitration shall be
conducted by the American Arbitration Association and shall be initiated
and paid for by Developer.
F. Establishment of Construction Schedules. The City Engineer shall review
and approve construction schedules for Plan A improvements prepared by
Developer.
G. Zoning. Fox Hollow has been designated a zoning classification of PUD by
the City Council. All future use and development shall comply with the
applicable provisions of the relevant zoning ordinance of the City of Oak
Park I- Ieights relating thereto. Outlot A remains zoned "o" Open Space
conservancy.
H. Street Grades. The grades of all streets shall not exceed 8% and the
minimum grade shall not be less than .5%.
Landscaping. A final landscaping plan shall be developed and submitted to
the City Planner by Developer. In addition the following modifications to
the landscape plan shall be implemented subject to final modifications by
the City Planner:
1. The street trees for the entry drive shall be subject to the approval of
the City Arborist.
2. The planting details depicted within the landscape plan shall
implement a lowest branching height to provide a uniform
appearance and to allow clearance for pedestrians, all in a manner to
be designated and approved by the City Arborist.
3. Sodding and Seeding are discussed in the planting notes but not
defined in the illustration plans. The areas of sodding and seeding
shall be identified in a final plan to be submitted and approved by the
City Arborist.
J. Trash Receptacles. Four trash receptacle areas have been designated on the
site plan for the entire building. All tenants of the building will be required
15
to utilize these trash receptacles or will be required to store trash internally.
K. Lighting. Developers must submit a lighting plan to the City Council. A
photo - metric lighting plan shall be submitted and subject to review and
specific approval of City Staff and City Council. 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.
L. 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.
M. Any changes to the submitted landscape plan resulting from changes to the
storm water ponding areas shall be subject to review and approval of the
City Council.
0. Restrictive Covenants/Declarations and/or Common Interest Covenants shall
be subject to the review and approval of the City Attorney. No amendments
or modifications to same that conflict with this Development Agreement
shall be permitted without the written approval of the City of Oak Park
Heights.
P. Outlots A, B & C. The Outlots A,B, and C of this development which
contain the internal streets and Storm water retention facilities shall be
merged into a single taxing parcel for payment of real estate tax obligations
to the City and Washington County. A confirmation of their merger will be
provided by the Developer to the City within 10 days following release of
the plat for recording by the city. The outlets shall be cumulatively regarded
by the City as a single indivisible parcel for all purposes under the City's
ordinances and land development codes and no further subdivision or
development thereon shall be allowed. The use and development of Lot 1
Block 2 is exclusively restricted to providing parking for Lot 1 Block 1. All
other development rights to Lot 1 Block 2 are waived and released by this
agreement. Lot 1 Block 1 and Lot 1 Block 2 shall be regarded as a single
indivisible lot for development purposes under the City's zoning and
subdivision codes. Developer shall also execute necessary documents to
merge into a single tax parcel with the office of the Washington County
Auditor - Treasurer, Lot 1 Block 1 and Lot 1 Block 2, Fox Hollow PUD.
Q. Developers agree that, should in the future any of the portions of this
development become tax exempt, they will provide for the payment by
Developers or their assigns to the City of funds in lieu of real estate taxes on
an annualized basis and shall execute any agreements or contracts necessary
to implement the provisions hereof.
R. Revised site plans in the manner and form required by the City Planner and
Engineer shall be prepared and filed with the City by the Developer prior to
issuance of the Amended PUD permit reflecting the changes approved by
the City Council on July 26, 2005.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
18
CITY OF OAK PARK HEIGHTS
In the presence of:
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In the presence of:
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River valley Rentals LIT
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Fox Hollow East LLC
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STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
On this 1 day of (Xh)her 200 5 be fore me a Nota Public within a y , 2005, and for
said County personally appeared David Beaudet and Eric Johnson, to me personally known, being
each by me duly sworn did say that they are respectively the Mayor and 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 signed and sealed on behalf of said municipal corporation by authority of its City Council and
said Mayor and Administrator acknowledged said instrument to be the free act and deed of said
municipal corporation.
JULIE R. JOHNSON
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON)
RAYMOND 0. MARSHALL
t �
Notary Public
Minnesota
2 My Cornmrss,on Expires January 31, 2010
•
V7
On this 7th day of October , 2005, before me a Notary Public, within and for
said County personally appeared • Jeffrey G. Hause and Michelle L. Hause
to me personally known, being each by me duly sworn did say that they are respectively the
Partner and Partner of itizalemink me`nitRiver
Valley Rentals LLP a Minnesota Limited Partnership, 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 Limited Liability Partnership by authority of its Board of
Directors and said Jeffrey G. Hause and Michelle L. Hause acknowledged said instrument
to be the free act and deed of said Partnership.
STATE OF MINNESOTA )
ss
COUNTY OF WASHINGTON)
On this 7th day of October , 2005, before me a Notary Public, within and for
said County personally appeared Jeffrey G. Hause and Michelle L. Hause
to me personally known, being each by me duly sworn did say that they are respectively the
Chief Manager and Member of
Fox Hollow East, LLC,
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 limited
liability corporation by authority of its Board of Directors and said Jeffrey G. Hause and
Michelle L. Hause acknowledged said instrument to be the free act and deed of said
corporation.
RAYMOND 0. MARSHALL
Notary Public
Minnesota
My Commission Expires January 31, 2010
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vier ling
Eckberg, Lammers, Briggs, Wolff
& Vier ling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
SITE ADDRESS: Not Y et Assjg ed
Planner's File No.: 798.02 -04.04 Date Issued: August 24, 2004
AMENDED July 26, 2005
Legal Description: (Washington County Geo. Code # 0126; 0127, & 0128)
Formerly
OUTLOT A, EAST OAKES P.U.D, Common Interest Community Number 98
East Oakes Townhomes,
Now
Lots 1 and 2, Block 1, Lot 1 Block 2, and
Outlots A, B, and C
Fox Hollow P.J.D.
Owner: FOX HOLLOW EAST LLC
Address: 1937 Greeley St. So
Stillwater, MN 55082
Present Zoning District: Combined B -2 and RB
CITY OF OAK PARK HEIGHTS
AMENDED
PLANNED UNIT DEVELOPMENT
FOR
FOX HOLLOW EAST LLC
Permitted uses set forth in Ordinance 401 Section 401.30 and 401.28
I. CONDITIONAL USE PERMIT FOR:
Applicants have applied for a planned unit development to allow multiple buildings on one property with
shared access and parking;
All uses shall be subject to the following conditions and/or restrictions imposed by the City Council of the
City of Oak Park Heights on August 24, 2004 which are as follows:
This document effectively replaces the original PUD Permit Document recorded as Doc No. 3517351 in the office of the County
Recorder in and for Washington County Minnesota.
1
1. The 25 foot front yard setback for the office buildings is acceptable as part of the general plan of
development approval.
2. The plat /development agreement shall provide the appropriate easements as required by the City
Engineer and City Attorney.
3. The City Attorney shall comment on the use of outlots for the pond and access drives.
4. All access and parking easements and agreements shall be addressed in the development agreement.
5. Park dedication fees of $22,952 shall be paid at time of finalization of the final plat and development
agreement.
6. The MnDOT permit for access to 60 Street North shall be provided to the City.
7. At least one van accessible stall shall be provided in the underground parking garage of the
condominium building.
8. At least one van accessible stall shall be provided, in addition to the two stalls shown on the plan, for the
office buildings. The City Engineer shall comment on the parking stall dimensions within the office
building parking garage.
9. The grading and drainage plans shall be subject to review and approval of the City Engineer and the
Middle St. Croix Water Management Organization.
10. The alternate grading plans, that indicate a portion of property owned by xcel Energy, shall be subject to
written approval of Xcel Energy and the City Engineer.
11. The utility plans are subject to review and approval of the City Engineer.
12. The landscape plans, tree removal plans, and preservation plans are subject to review and approval of the
City Arborist.
13. The applicant shall add additional plant material directly adjacent to the condominium building to reduce
the mass and scale of the elevations subject to review and approval of the City Arborist.
14. The applicant shall construct an extension of sidewalk on the west side of the westerly office building to
60 Street.
15. The applicant shall provide plans for pool area lighting and the pool area shall comply with the City's
noise ordinance. The pool area shall close between the hours of 10 :00 PM and 6:00 AM and pool area
lighting shall be shut off at least one -half hour after the closing time.
16. All lighting fixtures shall be in compliance with the lighting requirements of the Zoning Ordinance.
2
17. All of the monument signs shall be allowed at a maximum height of eight feet.
18. The building design is consistent with the Design Standards.
19. A development agreement shall be required between the City and applicant subject to review and
approval of the City Attorney.
And additional conditions imposed by the City Council by Resolution dated July 26, 2005 as follows:
1. The Planning Commission and City Council find that the 25 foot front yard setback for the office
buildings is acceptable as part of the general plan of development approval.
2. Lot 1, Block 1 shall be merged with the adjacent lots for tax purposes and deed restrictions shall be
placed upon the lot so no construction can occur on the property in the future. The lot merger and deed
restriction documents shall be subject to review and approval of the City Attorney.
3. The parking lot drive aisles shall be properly signed as one -way where applicable. The parking lot
signage plan shall be subject to review and approval of the City Engineer.
4. The grading and drainage plans shall be subject to review and approval of the City Engineer and
applicable watershed district.
5. The utility plans are subject to review and approval of the City Engineer.
6. The landscape plans, tree removal plans, and preservation plans are subject to review and approval of the
City Arborist.
7. All lighting fixtures shall be in compliance with the lighting requirements of the Zoning ordinance,
8. The proposed monument sign shall be provided with a landscaped base or planter and the signage
portion of the sign must be no more than eight feet in height.
9. The City Council finds that the building design is consistent with the Design Standards.
10. A development agreement amendment as required by the City Attorney, between the City and applicant,
subject to review and approval of the City Attorney.
11, All conditions approved by the City Council on August 24, 2004 for the Fox Hollow development
general plan of development approval.
12. The use and development of Lot 1 Block 2 is exclusively restricted to providing parking for Lot 1 Block 1.
All other development rights to Lot 1 Block 2 are waived and released by this agreement. Lot 1 Block 1
and Lot 1 Block 2 shall be regarded as a single indivisible lot for development purposes under the City's
Zoning and subdivision codes. Developer shall also execute necessary documents to merge into a single tax
parcel with the office of the Washington County Auditor - Treasurer, Lot 1 Block 1 and Lot 1 Block 2, Fox
3
II, Reference Attachments:
Date:
Date:
Hollow PUD.
August 5, 2004 Planners Report NAC
August 17, 2004 Engineer's Report - Bonestroo
March 17, 2005 Engineer's Report- Bonestroo
March 28, 2005 Engineer's Report -Final Plat Review - Bonestroo
Public Walkway and Sidewalk Easement and Agreement
My2. 2005 Planners Report NAC
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
0_ '7-0 5
Date: October 7, 2005
Date: October 7, 2005
Eric J, hnson
Ci *. 'nstl A for
FO LLOW EAST LLC
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