HomeMy WebLinkAbout1994-04-13 CA Fax to NAC Forwarding 03-23-94 Revised Developer's Agreement - DRAFT .04/13/94 914 10:12 EC.KBE•._.AI,.I FIRM 4 5959k.;7 I aLI . i t_15 P001
ECK.BERG, LAMMERS, BRIGGS, WOLFF' & VIERLI
,$3s NoRTHW STERN AveF4UE
STtLLWATER, MINNESOTA 55Q e2
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SARK a, VI Rt_ING
K VAN K. SHOCB£RG
THOMAS ,J. WeIONER
SUSAN O. OL COVER SHEg,T - FACSIMILE PRAN$MISSION
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04/13 • 94 10:12 ECIAILIM F I RM - 59598.57 • NO. 705 P002
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1994, by and between the City of Oak Park
Heights, a municipal corporation under the laws of the State of
Minnesota (the "City and Swager Bros. Inc. (the "Developer ").
WITNESSETA; That:
WHEREAS, the Developer has made application to the City
Council for approval of a plat and Planned Unit Development of land
within the corporate limits of the City described as follows:
See Exhibit "A"
(the "P.U.D. "); and
WHEREAS, the City Council has on , granted
preliminary approval to the P.U.D., 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. FLAN 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 including
building sites, 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 grading, drainage and site plan
as is specifically approved by the City. A grading plan
with maximum two (2) foot contours, house 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
04/13/94 18:12 EC:KB1110 LJI.J FIRM 4 5959837 • NO.705 P883
and shall not be implemented on site until written
approval is 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 shall be installed prior to
development when 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. All retaining walls must receive separate written
approval from the offices of the Consulting City
Engineers before construction begins.
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 placed after all street
and lawn grading has been completed in order to preserve
the lot markers for future property owners.
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.
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04/13/94 18:12 E::KBERI AW FIRM 4 5959837 NO. 05 P004
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. In all instances one
boulevard tree should be planted per dwelling unit. In
no instance shall the Developer plant more than 50
percent of the same type of tree. A detailed landscape
plan shall be submitted to and approved by the City prior
to commencement of final grading and landscaping
construction.
F. The Developer shall install all street name signs at all
intersections and provide other traffic control signs
within the subdivision determined to be necessary by the
City. Temporary street name signs shall be installed by
the Developer prior to issuance of the first building
permit. The temporary sign shall be constructed of
durable materials to be approved by the Building
Official.
G. The Developer shall remove all dead and diseased trees
before building permits will be issued.
H. The Developer shall be responsible for street
maintenance, including curbs, boulevards, sod and street
sweeping until the project is complete and streets
formerly accepted by the City Council. 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. If and when the street becomes impassible, such
streets shall be barricaded and closed. In the event
residences are occupied prior to completing streets, the
Developer shall maintain a smooth driving surface and
adequate drainage on all temporary streets. The
Developer shall be responsible for the removal of snow
and ice from all gravel streets. The repair of any
damage done to the streets or public utilities shall be
the financial responsibility of the Developer.
1. The Developer shall furnish street lights in accordance
with the Cityls residential street lighting plan.
J. Retaining Walls. No retaining wall shall be constructed
by the Developer or its agents or employees within East
Oaks P.U.D. unless or until the engineering design has
been approved by the offices of the City Engineer and
security in the manner comparable to all plan aid
development improvements is provided pursuant to terms
and provisions hereof.
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04 :•`17/94 1 0:12 ECk :B•LHLI FIRM r 5959837 NO. 705 P005
K. There shall be no construction or two story buildings
within this development with the exception of lots 9,
10, 11 and 12. All height requirements existing within
the ordinances of the City of Oak Park Heights, shall be
maintained by the developer.
L. Signage. There shall be no signage placed on site unless
the same has been submitted to and approved by the office
of the building inspector with the consent and approval
of the city planner.
M. Landscaping Plan. Landscaping plan shall annexed hereto
as Exhibit M. and shall be subject to the final approval
of the City Forester with the consent of the City
Planner.
General Requirements:
1. Residential street lighting shall be owned,
installed, operated and maintained by the electric
utility company (NSF). City and utility company
shall enter into a contractual agreement on the rate
and maintenance of the street lighting system.
2. It shall be the responsibility of the Developer to
a. Reimburse the City for the first two (2) years
of operating cost of the street lighting system.
b. Pay the electric utility company any cost
incurred in the installation of the street lighting
units not covered in the electric utility company
rate for this service. This payment shall be
required to be guaranteed as part of the Plan A
security.
o. The two year payment schedule (policy) shall
be put into effect upon installation of each
lighting unit.
d. All these costs shall be guaranteed by part of
the Plan A security.
N. The Developer shall, in all new subdivisions, dedicate
a reasonable portion of each 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. In
lieu of land dedication, Developer shall pay the park
dedication fee now pre cc tbed by ordinance and /or
resolution.
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04: 13/94 10:13 ECKBEIBAW FIRM - 5'9598 7 • NO.705 P006
Pursuant to the provisions hereof as and for park
dedication fees, the Developer shall pay to the City of
Oak Park Heights the sum of $ 10,400.00 upon the
execution of this Agreement.
O. The Developer shall dedicate and survey all storm water
holding ponds as required by the City. The Developer
shall be responsible for storm sewer cleaning and holding
pond dredging, as required, by the City prior to
completion of the development.
P. The Developer shall be required to depict possible future
bus routes and surrounding land uses including parks and
all scheduled improvements on all display materials and
brochures given to prospective buyers.
Q. 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 grading or construction and
prior to the City awarding construction contracts for
public utilities.
R. Conection Charges. All connection charges and fees shall
be paid by Developer on a per lot basis at the time that
building permits are obtained for each dwelling or
principal structure to be constructed. 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.
As it affects Development of East Oaks P.U.D., the
engineer has calculated the total sanitary, water works
and storm sewer connection charges to be in the amount
of $ 2,125.00 per lot.
2. DESCR'TYON O _FLA A _IMP ROVEMENTS EAST OAKS P.U.D.
STXMATED COST
1. Boulevard and swale sod $ 4,560.00
2. Boulevard trees $ 2,600.00
3. Street signs $ 250.00
4. Street lights $ 1,440.00
5. Utility protection and repair $ 4,800.00
6. Street protection and repair $ 4,870.00
7. Site Seedings Restoration $ 8,000.00
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• 04,13:`94 10:13 ECKBE•HW FIRM '* ''95199 • N0.705 P007
8. Erosion Control Facilities $ 4,500.00
9. Sanitary sewer $ 26,800.00
10. Water main $ 21,360.00
11. House services $ 21,110.00
12. Storm sewer $ 28,030.00
13. Base preparation $ 19,400.00
14. Curb and gutter $ 8,370.00
15. Surfacing $ 20,930.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ 177, 020.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (25 %): $ 44,255.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ 221,275.00
SECURITY REQUIREMENT (25 %) $
TOTAL PLAN A ESCROW: $ 276,594.00
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
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
jur.isdirtinn.
C. Easements. The Developer shall dedicate to the City,
prior to 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
+
j as the city shall determine. Easements for the street
serving the development shall be conveyed to the City on
i demand by the City. Prior to conveyance to the City, the
street shall be maintained by the developer or its
designee.
6
. 04 13.94 10:1.3 EC=.I::BERW0I,J F I RM 5959837 NO .705 PO08
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 hereof by
the Developer, the Developer will furnish to, and at all
times hereinafter maintain with the City, a cash deposit,
certified check, or an Irrevocable Letter of Credit,
based on one hundred and twenty -five percent (125 %) of
the total estimated cost of Plan A Improvements as
indicated in Section 2. An Irrevocable Letter of Credit
shall be for the exclusive use and benefit of the City
of Oak Park Heights and shall state thereon that the same
is issued to guarantee and assure performance by the
Developer of all the terms and conditions of this
Development Agreement and construction of all required
improvements in accordance with the ordinances and
specifications of the City. The City reserves the right
to draw, in whole or in part, on any portion of the
Irrevocable Letter of Credit for the purpose of
guaranteeing the terms and conditions of this Agreement.
The Irrevocable Letter of Credit shall be renewed or
replaced by not later than twenty (20) days prior to its
expiration with a like letter or bond.
E. Reduction of Escrow Guarantee. The Developer may request
reduction of the Letter of Credit or cash deposit based
on prepayment or the value of the completed improvements
at the time of the requested reduction. The amount of
reduction will be determined by the City and such
recommendation will be submitted to the City Council for
action. Following any payment for a Plan A improvement
which is within the Engineer's estimate, the City may
consider and allow a reduction of the Letter of Credit
at the rate of $1.25 for every dollar that has been paid
out of the escrow /Letter of Credit provided that the
project is on schedule, the Developer is not in default
under the terms of the Development Agreement and /or no
extraordinary expenses beyond the engineering estimate
have been incurred during the course of the project.
F. Developer shall be solely responsible for the repair
upkeep and maintenance of all Plan A Improvements. The
Developer shall retain ownership of all plan A
improvements and none shall become the property or the
responsibility of the City of Oak Park Heights. The City
shall have no duty or obligation to maintain, repair or
replace any improvements, streets or water systems,
7
'04/13,94 10:13 EC ;BER AW FIRM 4 5959837 • NO.705 P009
sanitary sewer systems or drainage systems within The
Development of East Oaks F.U.D.
G. The City of Oak Park Heights shall have full right of
access to the area encompassed within East Oaks P.U.D.
for police, fire protection services, city public works
department and building inspection department. Further,
the contract refuse and recycling haulers serving the
City of Oak Park Heights shall also have full right of
access to the area encompassed within the Development.
4. 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. Fi.na1..,Plat Approval. The City agrees to give final
approval to the plat of the Subdivision upon execution
and delivery of this Agreement and of all required
documents and security.
C. Incorpora o f R 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.
D. The City of Oak Park Heights shall file the Developer's
Agreement 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 same and
documentation to individual buyers of lots.
E. 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 are to be offset against
the cash escrows or Letters of Credit 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 escrow for the payment
of same. Notwithstanding the above, the City of Oak Park
Heights shall be the authority in determining the
8
04 `i3: "94 10:1 ECLBEOLHI II F I RM -, 595987? • h!0.705 P010
fairness and reasonableness of all such costs incurred;
and the decision by the City Council for the City of Oak
Park Heights on any such dispute shall be final and
binding.
F. Establishment of Constrct on Schedules. The City
Engineer shall establish construction schedules for Plan
A and Plan B improvements and shall consult with
Developer prior to establishing same.
G. Merger. The provisions of this Development Agreement
although related to are separate and distinct from those
provided within the Development Agreement of River Hills
(formerly Cleveland Terrace) already entered into between
the City of oak Park Heights and the Developer. This
Agreement does not merge or otherwise extinguish the
Developer's obligations to the City of Oak Park Heights
provided for within that Development Agreement.
H. The Developer shall provide to the office of the City
Attorneys' for the City of Oak Park Heights on or before
the date of execution of this Development Agreement
evidence of ownership of the real property to be platted
as East Oaks P.U.D. by way of title opinion from a
licensed attorney or title binder from a reputable and
licensed title company. Such evidence shall display and
identify all persons owning any interest in and to the
property to be platted as East Oaks P.U.D. together with
all lien holders or other encumbering interests. All
such interests shall be displayed and shall be required
to execute consents to this Development Agreement in the
manner and form prescribed by the office of the City
Attorney.
T. That the Developer shall secure at its own cost
permission from the Minnesota Department of
Transportation an entrance or access permit so as to
allow private /public drive depicted as Outlot C on the
Development State P.U.D. Plan for East Oaks dated
September 21, 1993, to be lawfully connected to 60th
Street North which serves as the Frontage Road to State
Trunk Highway 36 and is a part of the Trunk Highway
system. The obtaining of an unconditional and approved
entrance/ access permit from the Minnesota Department of
Transportation as it affects the acoess drive depicted
within this development and its connection to the
Frontage Road system is a prerequisite to final plan
approval.
J. That the Developer shall provide and convey to the City
of Oak Park Heights without cost a redescribed easement
for water, sewer and storm sewer utilities over and
across existing locations of sanitary sewer, water main
and storm sewer on easement forms provided by the Office
of the City Attorney.
9
04/13:94 10:14 Ef:KEE .A,J FIRM 3 5959837 • NO.705 F011
K. The Developer shall provide and have approved by the City
prior to final platting a detail plan for snow removal.
Such plan for snow removal shall be incorporated by
reference into the Homeowners Association Declaration of
Covenants.
L. Should any signage be desired by the Developer or the
Homeowners Association affecting this development, it
must be submitted by detail sign plan to the City of Oak
Park Heights and approved prior to being implemented on
the site.
14. That except as is specifically granted and identified
within this document or other specific actions of the
City of Oak Park Heights, no variances from the Ordinance
requirements of the City of Oak Park Heights have been
granted affecting this subdivision and planned unit
development.
N. 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. The following specifications,
contracts, drawings and reports shall be annexed hereto
as Exhibits and incorporated herein by reference as if
fully set forth herein:
Exhibit "B" Development and Stage PUD Plan for
East Oaks prepared by Steven's
Engineering, Inc., dated September
9, 1993, as amended on September 21,
1993.
Exhibit "C" Northwest Associates Consultants
Planning Report - Revised October 21,
1993.
Exhibit "D" October 25, 1993, letter from
Bonestroo, Rosene, Anderilk &
Associates.
Exhibit "E" September 27, 1993, letter directed
to Mr. Barry W. McKee by the offices
of the City Attorney, Eckberg,
Lammers, Briggs, Wolff & Vieriing.
Exhibit "F" Declaration of Covenants,
Restrictions and Eastments for East
Oaks Homeowners Association.
Exhibit "G" Bylaws of East Oaks Homeowners
Association.
10
04.'13/94 10:14 ECKBE•I LJ FIRM - 5959937 • N0.705 P012
Exhibit "H" December 13, 1993, letter Bonestroo,
Rosene, Anderlik & Associates.
Exhibit "I" Letter from Minnesota Department of
Transportation dated December
1993 to the City of Oak Park Heights.
Exhibit "J" March 9, 1994 letter from Northwest
Associated Consultants, Inc. to Jim
DeBenedet
Exhibit "K" January 7, 1994 letter from
Bonestroo, Rosene, Anderlik &
Associates
Exhibit "L" Final P.U.D. East Oaks
Exhibit "M" Landscaping Plan
IN WITNESS WHEREOF, the City and Developer have caused
this Agreement to be duly executed on the day and year first
above written.
The instrument was drafted by the City Attorney.
CITY Off` OAX PARR HEIGHTS
In the presence of:
BY:
Its:
BY:
Its:
DEVELOPER
In the presence of: SWAGER BROS. INC.
BY:
Its:
11
04/13• "34 10:14 ECk BE•AI,I FIRM 4 585 837 • N0.705 P013
BY:
Its:
STATE OF MINNESOTA )
)§S:
COUNTY OF WASHINGTON)
On this _ of , 199 , before
me, a Notary Pul.cz within and for said County personally appeared
an d , to me
personally known, being each by me duly sworn did say that they are
respectively the _ and the
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
and acknowledged said
instrument to be the free act and deed of said municipal
corporation.
Notary Public
(Notarial Seal)
STATE OF MINNESOTA )
) §S:
COUNTY OF WASHINGTON)
On this day of , 1993, 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 the
of Swager Eros. Inc., the 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
12
•04 1 94 10:14 PC[ FFFIDAhl FIF.M — NO. 705 P014
, •
acknowledged said instrument to be the free
act and deed of said corporation.
_
Notary Public
(Notarial Seal)
THIS INSTRUMENT WAS DRAFTED BY:
MARK J. VIERLING
ECKSERG, LAMMERS, BRIGGS,
WOLFF & VIERLING
1835 NORTHWESTERN AVENUE
STILLWATER MN 55082
(612) 439-2878
Pevie d 03/22/94
13