HomeMy WebLinkAbout1994-09-13 Fully Executed East Oaks Developer's AgreementTHIS AGREEMENT, made and entered into this day of
1994, by and between the City of Oak Park
Heigh s, a municipal corporation under the laws of the State of
Minnesota (the "City and Swager Bros. Inc, (the "Developer
WITNESSETH; 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:
(the "P U D and
WHEREAS, the City Council has on October 25, 1993 granted
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
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 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
and shall not be implemented on site until written
approval is issued.
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
See Exhibit "A"
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.
E. 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
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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.
F. The Developer shall remove all dead and diseased trees
before building permits will be issued.
G. The Developer shall be responsible for street
maintenance, including curbs, boulevards, sod and street
sweeping. All streets shall be maintained free of debris
and soil. 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
streets. The repair of any damage done to the streets
or public utilities shall be the financial responsibility
of the Developer and/or Homeowner's Association. All
streets located within the development shall be private
drives to be maintained by the developer and/or the
Homeowner's Association. Notwithstanding the same, the
Police Department of the City of Oak Park Heights, Public
-works Department, Municipal refuse hauler, Fire
Department and other municipal personnel shall have a
right of access over the private drives for purposes of
providing services to the effected property owners at
reasonable times.
H. The Developer shall furnish street lights in accordance
with the City's residential street lighting plan.
l 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 A
development improvements is provided pursuant to terms
and provisions hereof.
J. There shall be no construction of 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.
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K. 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.
L. 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 (NSP). Developer 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. 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.
b. All these costs shall be guaranteed by part of
the Plan A security.
M. 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 prescribed by ordinance and/or
resolution.
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.
N. 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.
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0. 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.
P. 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
Q. 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. DESCRIPTION OF PLAN A IMPROVEMENTS
1. Boulevard and swale sod
2. Boulevard trees
3. Street signs
4. Street lights
5. Utility protection and repair
EAST OAKS P.U.D.
ESTIMATED COST
5,600.00
2,600.00
250.00
1,440.00
4,300.00
6. Street protection and repair 5,370.00
7. Site Seedings Restoration 8,550.00
8. Landscape Treatment at Wall 1,500.00
9. Scour Treatment at Walls 2,400.00
10. Erosion Control Facilities 4,5 00.00
11. Sanitary sewer 26,800.00
12. Water main 21,360.00
13. House services 21,110.00
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14 Storm sewer 18,030.00
15. Base preparation 21,340.00
16. Curb and gutter 9,370.00
17. Surfacing 23,020.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: 177,540.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (25 44 385000
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: 221,925.00
SECURITY REQUIREMENT (25%)
TOTAL PLAN A ESCROW:
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
jurisdiction.
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 requested by
the City Engineer and/or the City Attorney. 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. The street shall be
maintained by the developer or its designee.
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 Certification of Completion
of the Plan A Improvements. Concurrently with the
execution hereof by the Developer, the Developer will
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277,156.00
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 (2 0) 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,
sanitary sewer systems or drainage systems within The
Development of East Oaks P.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.
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4s 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. Plat A roval. 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. lncor• oration 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.
D. The City of Oak Park Heights shall file the Developer's
Agreement of record in the office of the County Recorder.
The Devioper or its predicessor's in title shall not
amend the declarations of covenants, restrictions and
easements for East Oaks Homeowner's Association or the
Bylaws of the East Oaks Homeowner's Association in any
manner that would contradict or conflict with any term
or provision of this Development Agreement without the
express written consent of the City of Oak Park Heights
and any such attempted modification or amendment without
the consent of the City of Oak Park Heights shall be
void.
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
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.
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F. Establishment of Construction Schedules. The City
Engineer shall establish construction schedules for Plan
A improvements and shall consult with Developer prior to
establishing same.
G. 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.
H. 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 access drive depicted
within this development and its connection to the
Frontage Road system is a prerequisite to final plan
approval. (See Exhibit 1)
I® 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.
J. 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. (See Exhibit Q)
K. 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.
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L. 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.
M. Developer shall provide landscape treatment for all
slopes that exceed 3 to 1. All such landscape treatment
shall be subject to the approval of the City Forester and
the City Engineer.
N. Developer shall provide chainlink fencing to a height of
four feet at the top of all retaining walls
O. on any and all slopes exceeding 3 to 1 grade, all such
slopes must be controlled with low or no maintenance
plantings to be approved by the City Forester and/or the
City Engineer.
P. 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, including Bonestroo, Rosene, Ander l ik
Associates File No. 55 out this project. 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, 19 9 3 letter directed
to Mr. Barry W. McKee by the offices
of the City Attorney, Eckberg,
Lammers, Briggs, Wolff Vierling.
Exhibit "F"
Declaration of Covenants,
Restrictions and Eastments for East
Oaks Homeowners Association.
Exhibit "G" Bylaws of East Oaks Homeowners
Association.
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In the presence of
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/signage Plan/
Planner's Memo of May 5, 1994
Exhibit "N" June 23, 1994 letter from Bonestroo,
Rosene, Anderlik Associates
Exhibit "0" July 18, 1994 letter from Bonestroo,
Rosene, Anderlik Associates
Exhibit "P" Grading Drainage and Erosion plan
dated July 7, 1994 submitted by
Steven's Engineering
Exhibit "Q" Snow Removal Plan
Exhibit "R"
IN WITNESS WHEREOF, the City and Developer have caused
this Agreement to be duly executed on the day and year first
above written.
June 6, 1994 drawing East Oaks PUD,
sanitary sewer, water utility, storm
sewer and street improvements as
submitted by Stevens Engineering.
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CITY OF OAK PARK HEIGHTS
Its:
Its:
STATE OF MINNESOTA
COUNTY OF WASHINGTON)
k
JULIE A. DIETZMANN
NOTARY PUBLIC MINNESOTA
WASHINGTON COUNTY
My Commission Expires July 16, 1999
Notarial Sea
STATE OF MINNESOTA
COUNTY OF WASHINGTON)
12
DEVELOPER
In the presence of: SWAGER BROS. INC.
BY:
Its:
BY
Its
s
N tary Publi
On this omao day of mi,:.imaus.
1994, before
me, a Notary Public within and for sa d County personally appeared
Fofix1ra_. 4 C
ALeO and LLL F22Vil j jLs2___
0_ to me
personally known, being each by me duly sworn did say that they are
respectively the M and the Adiruni5 ti?ca,5(Lre.,(
of the City of Oak Par Heights, the municipal corporat 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
61/ hal-a_ 1- CL and yL/ acknowledged said
instrument to be the free act and deed of said municipal
corporation.
Mitt
On this ai.N6 day of c i-e7\ AN\)■)ej 1994, before
me, a Notary Public within and for said County personally appeared
N:' \i k...Z.c e r- and N,
e., to me
personally known, being each by me duly sworn did ay that they are
respectively the
the E Vi‘ce
of S Bros. 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 Dire tors and said a r. and
k acknowledged said instrument to be the free
act and deed of said corporation.
(Notarial Seal)
THIS INSTRUMENT WAS DRAFTED BY:
MARX J. VIERLING
ECKBERG, L.AMMERS BRIGGS,
WOLFF VIERLING
1835 NORTHWESTERN AVENUE
STILLWATER MN 55082
(612) 433 -2878
Revised 08/24/94
Notary ublic
13
J
Aic
WENDY J. E" ,7
a
PUBLIC—M]%'.',.
NOTARY
�Inr.�
WASHING i C, J
My Comm. C a� r t r