HomeMy WebLinkAbout2006-04-20 Fully Executed Developer's AgreementCITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this 7-% day of ke foi-, 2006, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota (the "City "), and CSM Equities L.L.C, a Delaware Limited Liability Company, (the
"Developer").
WITNESSETH; That:
WHEREAS, the Developer has made application to the City Council for approval of OAK
PARK COMMONS a plat of land within the corporate limits of the City described as follows:
(the "Subdivision "); and,
See Exhibit A
Attached
WHEREAS, the City Council has on November 22, 2005, 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 and restoration 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 contro] 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 North without the express written consent of the City
Engineer. Nor shall it place any equipment in the Right of Way of
60 Street North without the express written consent off MNDOT
except as allowed to construct improvements to Go } ' Street North.
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 (i.e. water shutoff valves), 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. Final
landscaping plans must be submitted to the office of the City Planner for
approval .
F. 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:
G. The Developer and affected land owners within the plat 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 $521,852.72 for 17.04 .acres'.
H. The Developer shall dedicate and survey all drainage and storm water
holding ponds as easements and 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.
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
' The park Dedication fees have been computed over the area to be platted excepting the areas south of 58 Street
shown as Outlot E on the Plat. Park Dedication fees for Outlot E will be collected separately from VSSA
under an a reement between the Cit and VSSA. One . a meat for the entire r ark dedication fee will be required
on execution of the Development Agreement.
Developer shall secure the appropriate MnDOT access permits for the two
accesses onto the MnDOT Frontage Road and improvements to 60 Street
North.
J. Drainage and Utility Easements. Drainage and utility easements shall be
provided as shown on and incorporated into the final approved plat OAK
PARK COMMONS. Setbacks shall be compliant with the requirements of
the subdivision ordinance, except to the extent modified by the approved
Planed Unit Development for the project.
K. 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.
E.
Warranty of Title.
By its execution hereof Developer hereby warrants that it has control over
and represents all ownership interests comprising the exclusive and
marketable fee title to the subject property. To the extent that other
ownership interests are represented in this area to be platted that are not
signing this Developer's Agreement they shall have executed signed
consents to this Development Agreement in a format approved by the City
Attorney. Developer further warrants and represents that there will be no
liens or encumbrances having priority over the Developer's Agreement on
the title and that it is fully authorized to execute this agreement as the fee
owner of the subject lands. Developer shall provide to the City proof of title
in a form satisfactory to the City Attorney prior to execution of this
document displaying all ownership interests in the platted area including
liens and encumbrances.
M. 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
manufacturer or authorized distributor designated by the manufacturer. Storz
adapters will not be accepted.
N. Site Grading and Excavation.
Applicant shall secure a licensed environmental specialist, subject to the
approval of the City Engineer, to be on site at all times during the
excavation phase of the construction and shall monitor the excavation
activities to ensure that there are not findings of inappropriate buried
materials and /or tanks. Should any inappropriate materials be found while
the excavation is taking place, all work shall cease and the City shall be
immediately notified. Upon completion of the excavation activities, the
specialist will provide written comments to the City that no inappropriate,
inconsistent or hazardous materials were found.
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
1. Mobilization
2. Site Clearing
3. Erosion Control
4. Grading
5. Paving
6. Storm Sewer
7. Storm Water Management
8. Sanitary Sewer
9. Water Distribution
10 Landscaping
11. Lighting
12. City inspection Of Utilities
13. 60 street Construction
$80,000.00
$64,125.00
$49,000.00
$311,800.00
$548,980.00
$261,375.00
582,500.00
$20,410.00
$154,860.00
$163,750.00
585,000.00
$35,100.00
$17, 1 00.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $1,874,000.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (25%): $468,500.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
SECURITY REQUIREMENT (25 %)
TOTAL PLAN A ESCROW
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
$2,342,500.00
$585,625.00
$2,928,125.00
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.
An additional street and public utility easement is required as specified by
the City Engineer over lands owned by Developer and contained within real
estate identified in Certificate of Title 62084. Developer shall complete
conveyance of same to the city within 30 days of the execution of. the
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 Letter of Credit to the
City of Oak Park Heights in a form to be approved by the City Atto rney,
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 Letter of Credit, that Developer shall pay all attorney's
fees and administrative expenses associated with said action.
E. Letter of Credit Security Term. The Developer's posted security under this
agreement shall be in the form of an irrevocable letter of credit which shall
be issued for a period of time not less than one (1) year in duration. The
Letter of Credit shall also be extended for a period of time up to an
additional year on demand of the City should the Plan A improvements not
be completed within 12 months from the date hereof.
F. Amount of Security to be filed with the City
Letter of Credit. No work shall be commenced under this Agreement until
the Developer shall have filed with the City the security (Letter of Credit),
in the amount of $3,346,875.00 being the estimated costs for the Plan A
improvements with security and engineering above. The Irrevocable
Letter of Credit shall be filed with the City prior to the Final Plat being
recorded. If the Irrevocable Letter of Credit expires prior to the
improvements as specified herein being completed, it shall be renewed or
replaced not later than thirty (30) days prior to it's expiration, with a like
Irrevocable Letter of Credit; and if not so replaced the City may declare
the Developer in default hereunder and exercise its rights and remedies
and may draw on said Irrevocable Letter of Credit for the remaining
improvements. Prior to constructing the remaining improvements the City
will contact Developer and provide an opportunity to discuss feasibility of
implementing the remaining improvements on. site. The Irrevocable Letter
of Credit shall be for the exclusive use and benefit of the City of Oak Park
Heights.
G. Reduction of Security Guaranty for Plan A Improvements: The Developer
may request reduction of the Letter(s) of Credit based upon prepayment or
the value of the completed Plan A Improvements at the time of the
requested reduction. If city engineer evaluations are requested, the
Developer will be responsible for the estimated costs incurred by the City
for performing the additional. evaluations. The amount of reduction will
be determined by the City. In no event shall the security guarantees be less
than five percent (5%) of the original security guarantees until all Plan A
Improvements have been approved and accepted by the City.
H. It is agreed that all labor and work shall be done and performed in the best
and most workmanlike manner and in strict conformance with the
approved plans and specifications on file with the City Engineer. No
deviations from the approved plans and specifications will be permitted
unless approved in writing by the City Engineer or his designee.
The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete (this
includes 58 60 Streets and Norwich Ave, adjacent to the development).
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. Flagmen may be required by the city to control traffic on 58 and
g y
60 Streets during the project which will be provided by Developer at its
expense. 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.
J. Utility Locations in City Right of wad
In order to maintain compliance with regulations promulgated from the
Minnesota Office of Pipeline Safety the developer, its contractors ,
subcontractors, and agents shall comply with the following requirements:
1. All right of way work shall require an application with a plan that
shall be submitted for city review prior to any work performed in
the right of way areas.
2. The layout of utilities, including depths, off -sets and materials shall
be documented during construction and confirmed with city staff
during the installation process.
3. Single family residential lots are required to submit an accurate tie
card showing the utilities installed and measurements from fixed
objects (corner of house, fire hydrants, etc.) to the curb stop,
location pins, clean outs and tie in points for all utilities.
4. Multifamily and commercial lots must provide, in addition to the
above, professional as built drawings confirmed by field survey,
showing the required information. In addition Engineering grade
GPS coordinates in the Washington County coordinate system
shall be supplied by the builder. These will allow the coordinates
to be electronically incorporated in to future city mapping.
5. All installations will require pins be installed directly above all
utility lines where they cross lot lines. A corrosion protected trace
wire shall be installed six inches below final grade directly above
all new utility installations at a minimum through the right of way.
The trace wire and tail shall be terminated in a capped vertical
PLAN
conduit that is within two inches of the final grade and pin located
at the lot line.
6. The Developer shall hold harmless and indemnify the City of Oak
Park Heights from any and all loss or damage resulting from its
failure to comply with these requirements including but not
limited to expenses the City incurs in correcting errors in
information provided by Developer its agents or contractors or
renlediating problems resulting there from in the right of way.
7. Upon failure to provide full documentation as required the City
shall notify the Developer who shall have 30 days to secure full
compliance. Failure to comply will result in the work being
assigned by the City to an outside professional for completion of
the necessary work. Any costs incurred in resolving these
requirements shall be assessed to the property or offset from
security required under this agreement.
8. City staff shall document the time and materials required to review,
confirm and accept the installation documentation and shall
invoice Developer for the costs based on the actual work involved
or on a fee schedule adopted by the City Council.
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IMPROVEMENTS. (OAK PARK. COMMONS) 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
A. Sanitary sewer
B. Water main
C. Street Improvements
D. Storm Sewer
E. Erosion Control
F. Restoration
$37,500.00
$100,400.00
$447,000.00
$59,000.00
$4,000.00
$35,000.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN B IMPROVEMENTS: $682,900.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (25 %): $170,700.00
SECURITY REQUIREMENT $213,400.00
TOTAL PLAN B ESCROW $1,067,000.00
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 $1,067,000.00. 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:}
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 however the costs
for re-bidding .shall be Developer's s - expense. As it -affects ..t the first
.
bid tabulation, the City shall honor the Developer's written request, 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
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.
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% in the total
amount of $1,067,000.00. The City shall have the right to apply
against the Letter of Credit all bills incurred by the City with regard
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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.
C. Letter of Credit Security Term. The Developer's posted security
under this agreement shall be in the form of an irrevocable letter of
credit which shall be issued for a period of time not less than one (1)
year in duration. The Letter of Credit shall also be extended for a
period of time up to an additional year on demand of the City should
the Plan B improvements not be completed within 11 months from
the date hereof.
D Ownershi s of Plan B lm s rovements. 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. Developer warrants and represents to the city
that all areas to be dedicated to public use are free from
environmental contamination and shall hold the City harmless
thereon.
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. Developer shall pay any and all change orders
reasonably necessitated by its failure to complete grading on all
public roadways (Nova Scotia Avenue North and Norwich Ave) by
the close of business day on June 15 2006 in a manner as to make
them ready for the City's contractor to begin its work as specified
under the Plan B Improvements. Developer is aware of and has
11
approved the plans and specifications of the City's Plan B elements
of this project. Except as provided herein the City shall not issue a
change order increasing the contract expense of the project for the
Plan B Improvements without first notifying Developer of the
change. Timeline extensions to the city contract with Burchville
Contracting may need to be implemented. If the City secures such
extensions any cost relative thereto shall be paid for by Developer.
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:
Rate /Acre Ac Total
Sanitary Sewer 21.849 $ 66,311.72
Water 21.849 $ 115,362.72
Storm Sewer- 15.850 $131,004.00
(TSMP -Area)
Storm Sewer 5.999 3 $40,103.32
(Non -TSMP area)
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 platted out /lots at such time as
they become due.
NOTE. Connection Charges for lands within the platted area owned .
by others (VSSA/Nolde-Anchobaypro/Green Twig LLC, etc.) are
not being collected at this time but will be computed and collected at
such time as those lands develop. The City is in process of re-
evaluating its connection charges. Developer has been offered the
opportunity to wait for the new charges /methodology to be adopted
by the City but has opted for proceeding at this time under the
3
Connection Charges. Platted area acreages break down as Lot 1 and 2 = 1 2.222 ac; Lot 3 = 1.624 ac; Lot 4 = 1.300
ac; Lot 5 = .898 ac; Lot 6 .959 ac; and Lot 7 = 1.071 ac (1.071 ac is Lot 7 net area (2.446 total ac less 1.375
Ponding area); Novak ROW 3.775 ac.
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existing system.
5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow
account to the City of Oak Park Heights in the amount of $10,000.00 to
reimburse the City of Oak Park Heights for previous billed and current
administrative 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
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 OAK PARK COMMONS upon execution and
delivery of this Agreement, provision of all required securities and
payments herein specified and subject to compliance with the
Ordinances of 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.
Specifically the following reports are incorporated by reference:
1. December 1, 2005 Letter from Bonestroo, Rosene, Anderlik and
Associates.
2. April 12, 2006, Letter from Bonestroo, Rosene, Anderlik and
Associates.
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 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 issuer of the
Letters of Credit 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. OAK PARK COMMONS has been designated a zoning
classification of PUD by the City Council. All future use and
development shall comply with the applicable provisions of the
relevant zoning ordinance of the City of Oak Park Heights relating
thereto.
H. Street Grades. The grades of all streets shall not exceed 8% and the
minimum grade shall not be less than .5%.
J. Handicapped Parking. Location of disability/ handicapped stalls
shall be made more efficient with regard to serving all of the areas of
the proposed facility. Final designation of handicapped parking
stalls shall be coordinated with the office of the Building Inspector.
K. Landsca in . A final landscaping plan shall be developed and
submitted to the City Planner by Developer. In addition the
following modifications to the landscape plan shall be implemented
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subject to final modifications by the City Planner:
1. Street trees should be added in the five islands adjacent to the
main north -south drive isle at the center of the development
as required by the City Planner. The purpose of adding the
trees and the islands is to enhance the entrance experience
from a development access point and promote an enhanced
boulevard appearance.
2. The street trees selection for the entry drive shall be subject
to the approval of the City Arborist.
3. 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 Arborist.
L. Trash Receptacles. Trash receptacle areas have been designated on
the site plan for the buildings not occupied by Lowes. All tenants of
the buildings will be required to utilize these trash receptacles or will
be required to store trash internally.
M. 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.
N. Any changes to the submitted landscape plan resulting from changes
to the stonnwater ponding areas shall be subject to review and
approval of the City Council.
0. Placement of Pylon signage, other drive and walking surfaces or
other private improvements in proximity to or placed over existing
and/or to be constructed city utilities are at Developer's sole risk for
repair /replacement in the event of repair or replacement of the
affected city utilities at any time in the future.
P. Council Imposed Conditions. The City Council has imposed the
following conditions on the approvals and permits issued to this
project:
1. A preliminary /final plat is subject to review and approval of
the City Engineer and. City Attorney.
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2. The applicant provide a copy of the purchase agreement to
establish property values for those areas subject to park
dedication. Park dedication shall be paid at time of final
plat.
3. A public hearing shall be held for vacation of existing right-
of-way and utility easements. The development agreement
shall specify the amount and terms for reimbursement to
the City for the vacated right-of-way. A property appraisal
shall be submitted to establish fair market value of the
properties that must be conveyed to the applicants. All
reimbursement shall be paid to the City at the time of final
plat.
4. The street design of Novak Avenue shall be subject to
review and approval of the City Engineer.
5. The City Engineer shall comment on the traffic analysis
provided by the applicant. The traffic circulation plan and .
required improvements shall be subject to review and
approval of the City Engineer.
6. The City Council approves the following private and public
trail and sidewalks for the area. Specific sidewalks /trails to
be added include:
a. The sidewalk on the west side of Novak Avenue
North extend from 58' Street to 60 Street.
b. A trail along 60 Street North connecting Norwich
Avenue and Novak Avenue shall be required.
c. A sidewalk connection between Lowe's and Wal
Mart to connect the V S S A property to the south and
the CSM development to the north.
7. The City Council finds the proposed building layout and
setbacks to be adequate and approves the general site plan
as proposed. Only Buildings A and B of the CSM
development are approved as part of this general plan of
development approval.
16
8. Revised landscape plans and fence details shall be provided
for City Council review and approval related to the
screening for the south and east property lines of the
Lowe's store.
9. The landscape plans shall be revised according to review
and approval of the City Arborist. Revised plans shall be
submitted prior to City Council review. Tree replacement
payments, as calculated by the City Arborist in the amount
of $40,200.00, which shall be paid at the time of execution
of this Development Agreement.
10. The grading, drainage and utility plans are subject to the
review and approval of the Public Works Director, City
Engineer, and the Brown's Creek Watershed District and
the Middle St. Croix Watershed District.
11. The City accepts the parking ratio of one space per 237
square feet of floor area for the Lowe's store, resulting in
the construction of 529 parking stalls.
12. The trash enclosures shall be relocated or incorporated
within Buildings A and B of the CSM development. The
applicant shall provide designs and building materials for
the enclosures.
13. All parking lot and building lighting for the development
shall be compliant with the Zoning Ordinance lighting
requirements.
14. Deliveries for the CSM development businesses shall be
staged at off-peak hours so as not to create traffic flow
issues.
15. The City Council approves the proposed building design
and materials for the Lowe's store and CSM development
on plans dated 10/12/05.
16. The freestanding monument sign shall not exceed 20 feet in
height or include more than 100 square feet of signage area.
All signage shall feature light colored text and logos with a
dark background.
17
17. Outdoor storage and sales areas for the Lowe's store shall
comply with the plans dated 1 0/12/05 and approved as part
of this application.
18. The project developers shall continue to work with Wal
Mart on establishing a cross connection at the front of the
Wal Mart and Lowe's buildings.
19. The applicants shall remove the outdoor advertising sign
billboard) adjacent to 60 Street North not more than 90
days after issuance of the first building permit for the
project.
20. The applicant shall be required to enter into a development
agreement with the City subject to review and approval of
the City Attorney and City Council. All cross easements
and other easement documents required for this
development shall be subject to review and approval of the
City Attorney. All terms of the development improvements
and payment to the City for right-of -way and park
dedication shall be specified in the agreement.
21. The applicant shall bear the costs associated with the
construction of Novak Avenue.
22. The applicant shall secure any and all necessary plat
approvals and access/right-of-way permits from the
Minnesota Department of Transportation, the Brown's
Creek Watershed District, and/or the Middle St. Croix
Valley Water Management Organization, as may be
required.
23. To the fullest extent permitted by law, the Developers shall
indemnify and hold harmless the City of Oak Park Heights,
its agents and employees from and against any and all
claims, damages, losses or expenses, including but not
limited to attorney's fees, arising out of the issuance of this
Developer's Agreement by the City of Oak Park Heights
and/or arising out of the performance or non-performance
of its obligations hereunder by Developer.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
18
In the presence of:
1
In the presence of:
Company
STATE OF MINNESOTA
19
CITY OF OAK PARK HEIGHTS
David Be d
Mayor
Eric Jo
City
son
ministrator
CSM Equities L.L.C, a Delaware Limited Liability
t
Its
) ss.
COUNTY OF WASHINGTON)
On this day of r , 2006, 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 instalment to be the free act and deed of said
municipal corporation.
JUUE R. JOHNSON
AITARY PUBLIC - MINNESOTA
Coenissim Expires Jan. 3) '010
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this day of 2006, before me a Notary Public, within and for
said County personally appeared 0 and
to me personally known, being each by me duly sworn did say that they are respectively the
IRu VIA and of _CSM Equities L.L.C, a Delaware Limited
Liability Coinpany, 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
Governors and said and acknowledged said instrument
c ------ . .
a, .
JULIE R. JOHNSON
*if. NOTARY PIBLIC - MINNESOTA
442;t5V My Commisskirt Expires Jan. 31, 2010
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
Vierling, P.L.L.P.
1809 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
THIS INSTRUMENT WAS DRAFTED BY:
(
Notary I): blic
to be the free act and deed of said municipal corporation.
Nota Tjublic
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