HomeMy WebLinkAboutDevelopment Agreement Draft (unsigned) • •
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this day of , 200 by anti, between
the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota
referrede to herein as the "City "; and Jacob Holdings of Stillwater L.L.C., Conrad A. Shoemaker,
Calvin J. Brookman and Ruth M. Brookman, all collectively referred to herein as the "Developers ".
WITNESSETH; That:
WHEREAS, the Developers have made application to the City Council for approval of the a
planned unit development and plat of land within the corporate limits of the City described as follows:
OAK PARK STATION
See Attached Exhibit A
(the "Subdivision "); and,
WHEREAS, the City Council has on November 27, 2001, granted preliminary approval to the
Subdivision; and
WHEREAS, The city has granted final Plat approval to Phase One of the development 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 Developers are hereinafter referred to as "Plan
B Improvements ".
1. PLAN A 11VIPROVF.MENTS: The Developers will construct at Developer's expense
the following improvements under Plan A according to the following terms and
conditions:
A. The Developers 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
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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
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.
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 at
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D :veloperfls xpense. The Developer shall make all necessary adjustments to
the o s to bring them flush with the topsoil (after grading) or driveway
surfacing.
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 and
Arborist 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 $
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. All storm water
ponds projected to be required for the full development of this plat shall be
constructed as part of the Plan A improvements which are the subject of this
agreement
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 easements and ponds depicted on the final plat
and upon execution of this Development Agreement, completion of the Plan A
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Improvements as certified to by the city engineer and the recording of the final
plat the same shall be 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, water
management and local jurisdictions prior to the commencement of site grading
or construction and prior to the City awarding construction contracts for public
utilities.
K. Drainage and utility easements. 10 foot drainage and utility easements shall be
provided along all lot lines in the plat of Oak Park Station.
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.
2. DESCRIPTION OF PLAN A 1MPROVF.MFNTS ESTIMATED COST
(Phase One- Oak Park Station)
1. Boulevard and swale sod $
2. Landscaping $
3. Street signs $
4. Street lights $
5. Grading $
6. Erosion Control $
7. Pond Enlargement, Protection & Restoration
8. Utility Protection & Repair $
9. Street Protection & Repair $
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $
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ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 %): $
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $
SECURITY REQUIREMENT (25%) $
TOTAL PLAN A ESCROW $
(Phase One -Oak Park Station)
3. C:fNSTRIICTU[)N t)F PLAN A 1MPR(IVEMF.NTS
(plat name)
A. Cnnctrnctinn The construction, installation, materials and equipment shall be
in accordance with the plans and specifications approved by the City.
B. Tnspertion 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. F,acements 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, if any, the
same shall be dedicated by separate easement conveyed to the City of Oak Park
Heights prior to or contemporaneously with,the execution of the Development
Agreement.
D. Faithful Performance of Conctnictinn ('nntracts 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 Engineers Certification of 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
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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 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 R IMPROVEMENTS, (Phase One - Oak Park Station) The following
improvements will be installed by the City at the Developer's expense according to the
following terms and conditions:
1. DFSCR1PTION OF TMPROVRMF.NT F.STTMATF.T) COST
(Phase One- Oak Park Station)
A. Sanitary sewer
1680 ft. x 48.00/ft. $
B. Water main
1680 ft. x 47.00/ft. $
C. Street Improvements*
1680 ft. x 55.00/ft. $
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D. Storm Sewer $
E. Base Preparation $
F. Curb and Gutter $
G. Surfacing Streets $
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN B IMPROVEMENTS: $364,680.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 %): $ 72,936.00
TOTAL PLAN B ESCROW $437,616.00
(plat name)
2. That prior to the City ordering the installation and awarding the contracts as it
relates to the Plan B improvements and the costs therefor, 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
$ 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:
A. (nnetrnctinn 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 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.
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STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON)
On this day of , 2001, before me a Notary Public, within and for said
County personally appeared and , to me
personally known, being each by me duly sworn did say that they are respectively the
and of Jacob Holding of Stillwater L.L.C., a Minnesota
Limited Liability 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 corporation by authority of its Board of Directors and said and
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
STATE OF MINNESOTA )
. ss.
COUNTY OF WASHINGTON)
On this day of , 2001, before me a Notary Public, within and for said
County personally appeared Calvin J. Brookman and Ruth M. Brookman, husband and wife, to me
personally known, being each by me duly sworn did say that they are respectively one of the Owners
and Developers named in the foregoing
instrument; and that said instrument was signed by Calvin J. Brookman and Ruth M. Brookman as
their own free act and deed.
Notary Public
STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON)
On this day of , 2001, before me a Notary Public, within and for said
County personally appeared Donald A. Shoemaker and Ruth M. Brookman, a single person, to me
personally and being sworn did say that he is one of the Owners and Developers named in the
foregoing
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instrument; and that said instrument was signed by Donald A. Shoemaker as his own free act and
deed.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
& Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439 -2878
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