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HomeMy WebLinkAbout2004 Undated Developer's Agreement Document (unsigned) CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into this day of , 2004, 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, (the "Developer "). WITNESSETH; That: 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 1,2 AND 3 FOX HOLLOW PUD (the "Subdivision "); and, WHEREAS, the City Council has on August 24, 2004, granted 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. 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. 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 2 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. General Requirements: 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 fmal 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 $ for 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. 3 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 two accesses onto the MnDOT Frontage Road. 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 and that it 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 4 manufacturer or authorized distributor designated by the manufacturer. Storz adapters will not be accepted. 2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST 1. Boulevard and swale sod $ 2. Landscaping $ 3. Street signs $ 4. Street lights $ 5. Grading $ 6. Erosion Control $ 7. Pond Protection & Restoration $ 8. Utility Protection & Repair $ 9. Street Protection & Repair $ 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) 5 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 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 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 B IMPROVEMENTS. (FOX HOLLOW) 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 (Fox Hollow) 6 A. Sanitary sewer B. Water main C. Street Improvements $ D. Traffic Signal $ E. Storm Sewer $ TOTAL ESTIMATED CONSTRUCTION COST OF PLAN B IMPROVEMENTS: $ ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20 %): $ TOTAL PLAN B ESCROW $ (Fox Hollow) 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 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. 7 B Escrow. No work shall be commenced under this Agreement until the Developer shall have filed with the City a cash deposit or certified check in the amount equal to the total estimated cost of the Plan B improvements plus a security requirement of 25% in the total amount of $ 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 of 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 al 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 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. 8 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 lots and blocks are due and payable upon execution of this agreement and are as follows: Fox Hollow All Lots and Outlots Sanitary Sewer $ Water $ Storm Sewer $ 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 $ 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. 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 9 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) 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: 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 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 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 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. 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. 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 11 August 1, 2004 - Report of the City Engineer, Bonestroo, Anderlik, Rosene & Associates City Council Minutes of August 24, 2004. D. P.U.D. Permit. The City of Oak Park Heights shall file the 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 Cash Escrows and/or Performance Bonds 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 establish construction schedules for Plan A and Plan B improvements and shall consult with Developer prior to establishing same. G. Zoning. Fox Hollow has been designated a zoning classification of PUD by the City Council. All future use and development shall mply with the applicable provisions of the relevant zoning ordinance of the City of Oak Park Heights relating thereto. Outlots A and B remain zoned "0" 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 %. I. Landscaping. A final landscaping plan shall be developed and submitted to the City Planner by Developer. In addition the 12 On this day of , 2004, before me a Notary Public, within 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. Notary Public STATE OF MINNESOTA ) . ss. COUNTY OF WASHINGTON) On this day of , 2004, 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 the General Partner of River 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 municipal corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said municipal corporation. 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 15 permitted without the written approval of the City of Oak Park Heights WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the date and year first above written. In the presence of: CITY OF OAK PARK HEIGHTS By David Beaudet Mayor Eric Johnson Administrator In the presence of: River Valley Rentals LLP By Its By Its STATE OF MINNESOTA ) . ss. COUNTY OF WASHINGTON) 14 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 Forester. 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 Forester. 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 Forester. 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 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 stormwater ponding areas shall be subject to review and approval of the City Council. O. 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 shall be 13 III Planning Department meeting schedule Planning Commission Council August 16 Workshop September 7th Workshop Lot Coverage Budget at 5:00 Meeting Meeting / Public Hearing Manitoba at Rice condos Manitoba at Rice condos Building Height 2 Reading September 13 Workshop Only September 21 Workshop Housing Inventory Lot Coverage Meeting Lundgren Office PUD ? ?? Building Height - examples September 20 Workshop October 5 Workshop Meeting / Public Hearing Meeting 328 Barry Ave