HomeMy WebLinkAbout2003-02-18 WC Recorded Document #1125457 - Developer's AgreementTHIS AGREEMENT, made and entered into this / , day of : February, 2003, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota (the "City "), and VSSA H ousing and Community Services, LLC Vida/ Valley Senior
Services Alliance, (the "Developer ").
WITNESSETH;
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
WHEREAS, the Developer has made application to the City Council for approval of the
development of McKean West of a plat of land within the corporate limits of the City described as
follows:
(the "Subdivision "); and,
See Attached Exhibit A
WHEREAS, the City Council has on October 3, 2002, granted approval to the Subdivision,
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".
Improvements to be installed by the City and paid for by Developer are hereinafter referred to as
"Plan B 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.
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 58th 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.
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.
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1. 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.
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.
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. 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.
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.
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.
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2. 1DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
1. Seeding and Mulching $ (950.00)'
2. Landscaping $ 19,000.00
3. Street signs $ 1
4. Street lights $ 12,700.00
5. Grading $(18,840.00)
6. Erosion Control S( 2,610.00)
7. Pond Protection & Restoration $( 1,940.00)
8. Utility Protection & Repair $ 1,050.00
9. Street Protection & Repair $ 1,510.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $35,410.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (25%): $ 8,852.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A. IMPROVEMENTS: $44,262.00
SECURITY REQUIREMENT (25 %) $11,065.00
TOTAL PLAN A ESCROW 555,327.00
MCKEAN WEST
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
MCKEAN WEST TOWNHOMES
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
Parenthesis denotes as covered under existing security with grading permit as issued
Tour stop signs and one street name sign.
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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 and Plan B
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.
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 Performance Bond 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 Performance Bond, that Developer shall pay all .
reasonable attorney's fees and administrative expenses associated with said
action.
E. Performance Bond Term. The Developer or its general contractor's
Performance Bond shall be issued for a period of time not less than one (1)
year in duration.
4. PLAN 13 IMPROVEMENTS. (MCKEAN WEST ADDITION) The following
improvements will be installed by the City at the Developer's expense according to
the following terms and conditions:
1. DESCRIPTION OF IMPROVEMENT ESTIMATED COST
MCKEAN WEST TDWNHDMES
A. Sanitary sewer $ 8,775.00
B. water main $10,190.00
C. Sewer and water Services $ 4,5 80.00
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D. Storm Sewer
E. Street base & preparation
F. Curb & Gutter
G. Bituminous Surfacing
H. Sidewalk and. Boulevard
Restoration
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN B IMPROVEMENTS: $63,720.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (25%):
SECURITY REQUIREMENT (25 %)
TOTAL PLAN B ESCROW
MCKEAN WEST TOWNHOMES
2 That prior to the City ordering the installation and awarding the contracts as it
relates to the Plan B improvements and the costs therefore, the Developer shall .
deposit with the City of Oak Park Heights, the total estimated cost of the Plan B
improvements plus a 25% security requirement related thereto for a total of
$99,562.00. The City shall pay from said deposit all expenses related to the
construction of the Plan B improvements providing for the construction of same as
follows:
The Developer understands that the entire actual cost of the construction of
the improvements, including, but not limited to engineering, legal and
administrative costs and right-of-way acquisition, if required, as may be incurred by
the City of Oak Park Heights, shall be paid by the Developer to the City of Oak.
Park Heights.
A. Construction. After the preparation of preliminary plans and
estimates by the City, the City Council shall take bids on the projects
and thereafter award the contract pursuant to law for the installation
of the Plan B improvements under the City's supervision. Upon
receipt of the first bid tabulation, Developer shall be provided a copy
thereof. The Developer shall have the right to immediately notify
the City of its demand that the City reject all bids. As it affects the
first bid tabulation, the City shall honor the Developer's wish if made
C
$14,875.00
$ 8,850.00
$ 4,070.00
$ 6,980.00
5,400.00
$1 5,930.00
$19,912.00
899,562M0
to reject all bids and thereafter proceed to a second bidding on the
project. Subsequent bid tabulations may be commented upon by
Developer but the City may award to the lowest responsible bidder
of the project in the manner provided by law.
B. Escrow. No work shall be commenced under this Agreement until
the Developer shall have filed with the City a cash deposit, certified
check or Letter Of Credit (in a form to be approved by the City
Attorney) in the amount equal to the total estimated cost of the Plan
B improvements plus a security requirement of 25% i n the total
amount of $99,562.00. The City shall have the right to apply against
the Letter of Credit all bills incurred by the City with regard to the
Plan B improvements, however, the City shall provide the Developer
the opportunity to pay for said improvements as bills are incurred, in
cash, rather than applying payments as against the Letter of Credit
provided to the City, if a Letter of Credit is used in lieu of a cash
escrow by the Developer. In such case, the Developer shall have 10
business days from the time of submission of the bill by the City to
the Developer to pay to the City such amount in cash so that the City
can use the payment to pay the amount due in lieu of drawing down
on the Letter of Credit or other escrow on file with the City of Oak
Park Heights. Upon the certification by the City Engineer that the
Plan B Improvements are complete all excess security shall be
released to Developer.
C. Plans and Specifications. The Developer shall be provided with a
copy of the plans and specifications as prepared by the office of the
City Engineer for the Plan B improvements and shall be allowed the
opportunity to comment on same prior to final release or the bid
specifications by the office of the City Engineer for purposes of
receiving bid on the improvements. The Developers shall also be
notified of the bid opening date and provided the opportunity to
comment on the bids received prior to the award of the bid on the
Plan B improvements. The Developers may recommend rejection of
all bids and the rebidding of the project or any portion thereof;
however, such recommendation is not binding on the City of Oak
Park Heights and the City may award the contract based upon the
bids received if it, in its absolute discretion, determines that the bids
so received are reasonable.
The Developers shall also be provided the opportunity to request that
the City Engineer consider including certain contractors that the
Developer might suggest to be added to the proposed bidder's list.
Final determination of the proposed bidder's list shall rest in the
discretion of the City Engineer.
D. Ownership of Plan B Improvements. 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.
E. Contracts. All such construction contracts as awarded by the City of
Oak Park Heights to construct the Plan B improvements shall
provide for a guarantee of the workmanship and materials for a
period of one year following the completion of construction of the
Plan B improvements. All such contracts shall also conform to the
ordinances and specifications of the City in the construction of all
Plan B improvements.
F. Change Orders. No change order increasing the contract expense
shall be authorized by the City without first notifying Developer of
the change.
G. Estimates. The above estimates are engineering projections only.
Developer shall be responsible for all actual expenses incurred in the
securing and installing of all Plan B improvements. The method of
calculation of such costs shall be as specified by the City Engineer.
H. 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 Tots and blocks are due and payable upon .
execution of this agreement and are as follows:
Sanitary Sewer S 1484.60
Waterworks $ 6,065.30
Storm Sewer S 7,676.50
Total $17,226.50
5 CASII ESCROW ACCOUNT. The Developer shall provide a cash escrow
account to the City of Oak Park Heights in the amount of $1,000.00 to
reimburse the City of Oak Park Heights for previous billed expenses relating
to this development.
6 GENERAL:
A. Binding Effect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives, successors
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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 (MCKEAN WEST) upon execution and delivery of
this 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.
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.
October 3, 2002 - Report of Northwest Associated Consultants, Inc.,
Oak Park Heights /Boutwel.ls landing; 8 unit preliminary and final
plat, File # 798.02 -02 09
City Council Minutes of October 22, 2002.
D 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.
E. Establishment of Construction Schedules. The City Engineer shall
establish construction schedules for Plan A and Plan B
improvements and shall consult with Developer prior to establishing
same.
F. Street Grades. The grades of all streets shall not exceed 8% and the
minimum grade shall not be less than 0.5%.
G. Landscaping. A final landscaping plan shall be developed and
submitted to the City Planner by Developer.
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IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
(THE BALANCE OF THIS PAGE LEFT BLAND. INTENTIONALLY)
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In the presence of: CITY
N ivij i vL N ) 1 By
• AAAAwAAAA.A.AAAAAAA.A.AAAAAv,AAA.AA
JULIE R. JOHNSON
NOTARY PUBLIC - MINNESOTA
WASHINGTON COUNTY
my Comm. Expires Jan. 31, 2005
e presence of:
f\s*\
ARK HEI
David Beaudet
Mayor
Judy Hoist
Acting Administrator
STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON)
On this 1 \ day of b al 2003, before me a Notary Public, within and for
said County personally appeared David Beaudet and Judy Host, to me personally known, being
each by me duly sworn did say that they are respectively the Mayor and the Acting 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.
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By
Its
Notary P is
BY: VS SA Housing and Community Services LLC
Byr
Its
STATE OF MINNESOTA )
. ss
COUNTY OF WASHINGTON)
On this 1 LI 4\ day of R.--6 J...- c u-_ , 2003, before me a Notar y Public, w*thin and for
said County personally appeared ��f ij 0 ._� .. r Q_ ,:7 /�a and . ) t
me person known, bein . each by me duly s : rn did say that they are respectively the
C,CC) and s i ....1_9 7 j_ of V S SA Housing and Community Services
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
cox oration by authority of its Board of Directors and said (,[ . 0 and
Q/ , .o, a cknowledged said instrument to be the free act and deed of said non-profit
t
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corporation.
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�f . I - ' � � " : i ; i.•,S #.. :� ' 1 3 I - 2 . 0 0 5
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(651) 439 -2878
12
Notary Public
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