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HomeMy WebLinkAbout2001-04-24 (?) Developers Agreement (unsigned) CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into this day of , 2001, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City "), and DDD, LLC, a Minnesota Limited Liability Company (the "Developers "). WITNESSETH; That: WHEREAS, the Developer has made application to the City Council for approval of a Planned Unit Development and Conditional Use Permit affecting land within the corporate limits of the City described as follows: Lot 2, Block 1, Kern Center 2 Addition (the "Subdivision "); and, WHEREAS, the City Council has on April 24, 2001, granted approval of the PUD /CUP 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 ". 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. 3 • • 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. 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 and in conformance with the landscaping plans as have received the written approval of the city planner. 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 Developer shall be responsible for the removal of snow from all gravel streets. The repair of any damage done to the streets or public utilities shall be the financial responsibility of the Developer. G. The Developer shall furnish a site lighting plan as required by the city ordinances and City planner and implement same on the site as approved by the city planner. 4 • • 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, or to be dedicated by separate easement on request of the City. No Building Permits shall be issued until ponding is constructed or specified by the City Engineer. 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. I. 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. J. Drainage and utility easements. 10 foot drainage and utility easements shall be provided along exterior boundaries of the subdivision, but not along interior boundary lines. 5 • • 2. DESCRIPTION OF PLAN A IMPROVEMENTS: ESTIMATED COST 1. Boulevard and Swale sod $ 2. Boulevard trees $ 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 LETTER OF CREDIT/ CONSTRUCTION ESCROW $ 3. CONNECTION CHARGES: Connection fees for the subject property are due and payable upon execution of this Agreement. The connection fees are to be paid in total. 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 6 i • 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. Grading and Drainage Plans. All grading, storm water and /or drainage plans must be approved by the office of the City Engineer prior to a building permit being issued. 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 Planning and Engineering reports and final permits 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. 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. E. Handicapped Parking. Location of disability/ handicapped stalls shall be made more efficient with regard to serving all of the areas of the proposed facility. All disability stalls currently shown as oriented to the parking lot to provide reasonable handicapped access and shall be installed as set forth on the approved site plan. F. Landscaping. Final Landscaping plan is to be developed and is subject to the approval by the City Planner. G. Trash Receptacles. All trash receptacle areas 7 • 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. The two trash enclosures shall be constructed of brick to match the proposed buildings. H. Lighting. Developers must submit a lighting plan to the City Planner with such plan being subject to the approval of the city planner. A photo- metric lighting plan shall be submitted and subject to review and specific approval of City Staff. 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. I. 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. J. Any changes to City approved lighting, drainage, signage and /or landscaping final plans must be approved by the City Council. K. All cross - easements to allow street access to Phase 2 of this Development, in addition to all restrictive covenants or other agreements affecting land use of the premises between the two facilities, shall be subject to review and approval by the office of the City Attorney. L. Row and curb barriers shall also be provided at the other parking areas in the development as required by the office of the City Planner. Such areas should also accommodate additional trees and landscaping. M. The submitted site or landscape plan shall also be modified to illustrate areas intended for snow storage. 8 s • IN 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 OAR PARK HEIGHTS Notary Public David Beaudet, Mayor Thomas Melena, City Administrator In the presence of: DDD, LLC Notary Public By Its And By Its STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of , 2001, before me a Notary Public, within and for said County personally appeared David Beaudet and Thomas M. Melena, 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 9 f . corporation. Notary Public STATE OF ss. COUNTY OF ) On this day of , 2001, before me, a Notary Public, within and for said County and State, personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and the of DDD, LLC, a Minnesota Limited Liability Company, named in the foregoing instrument, and that said instrument was signed on behalf of DDD, LLC by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said limited liability company. 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 (651) 439 -2878 10 111 410 Return to: DEVELOPER' S AGREEMENT Eckberg Law Firm Attn: Mark J. Vierling 1835 Northwestern Avenue Stillwater, MN 55082