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HomeMy WebLinkAbout2006-08-31 Fully Executed Developers AgreementTHIS AGREEMENT, made and entered into this 3ist day of August, 2006, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City"), and Oakgreen Villa, LLC a Minnesota Limited Liability Company (the "Developer"). WHEREAS, the Developer has made application to the City Council for approval of a Planed Unit Development, general plan, preliminary/final plat and a conditional use permit to allow a total of 67 residential town home units as part of the first phase of the Oakgreen Village development in the B-4, Limited Business District and in that area west of Oakgreen Avenue and north of 58 Street Nsrth of a plat of land within the corporate limits of the City described as follows: (the "Subdivision"); and, ERE kS the City Council has on May 23, 2006, granted approval to the Subdivision and 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, N W, THEREFI Ac. , 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 13 Improvements". TNESSETH; That: PLAN A PR* VEMENTS: The Developer will construct at tevelopefs expense the following improvements under Plan A according to the following terms and conditions: 1 CITY •F OAK HEIG TS WASHINGTON COUNTY, MINNES DEVELOPER'S AGREEMENT OAKGREEN VILLAGE (PHASE ONE) TA 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 North, Nova Scotia Avenue or Oakgreen Avenue North 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 reserve p 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 g ening as determined by the City and as required by the ordinances of the City. Final nal landscaping plans must be submitted to the office of the City Planner for or approval . F. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping during and after construction until the i project is complete. All streets shall be maintained free of debris and soil until the subdivision is completed. Warning signs shall be P laced when hazards develop in streets to prevent the public from traveling on same g and directing attention to detours. The repair of any damage done to the streets .. g ets 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 p oposed subdivision as the City Council reasonably determines to the ublic for or public uses as parks, playgrounds, public open space, trails, or other a er conditions as required by the City and as shown on the final p lat. In lieu of complete land dedication, Developer shall upon execution of this Developer's Agreement, pay a park dedication fee now rescribed p by ordinance and/or resolution. The cash park dedication fee for this subdivision is in the amount of $391,386.00 The Developer shall dedicate and survey all drainage and storm g m tivater holding ponds as required by the City and to be shown on the final lat. p The Developer shall be responsible for storm sewer cleaning and holding pond gp d 'Park dedication computed on 17.68 acres valued at $3.63 er s foot. This amount q mount will be subject to an offset for Public Trail construction cost —see footnote #2 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. 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. K. Drainage and utility easements. 10 foot drainage and utility easements shall be provided along all perimeter lot lines in Oakgreen Village. 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 g shall l 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 warrants and represents that there are no liens or encumbrances against the title, except those disclosed in writing to the City, and that it is fully authorized to execute this agreement as the fee owner of the subject lands. 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 manufacturer or authorized distributor designated by the manufacturer. Storz adapters will not be accepted. Utility Locations in City Right of Way. 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 Tots 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. Multi- family 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 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 Cit y 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 remediating problems resulting there from in the right of way. 7. Upon failure to provide full documentation as required the City shall notify he Developer who shall have 30 days to secure full 5 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. 2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST 1. Retaining walls $139,200.00 2. Landscaping $120,000.00 3. Streets & Sidewalks $202974.00 4. Street lights S56 000.00 5. Grading $184,635.00 6. Erosion Control 523,3 08.00 7. Bituminous Trail (public) $36,385.002 8. Storm Sewer $58,054.00 9. Trunk Storm Sewer(public) $40 456.00 10. water Main $157,892.00 11. Sanitary Sewer $121,635.00 12. Street Protection and Repair $4,061.00 13. City Inspection $75 000.00 TOTAL ESTIMATED CONSTRUCTION COST 2 Developer will be given a credit against park dedication fees for the actual cost of construction of the trail up to this amount. OF PLAN A IMPROVEMENTS: ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (25 %): TOTAL ESTIMATED PROJECT COST OF PLAN A IMPROVEMENTS: SECURITY REQUIREMENT (25 %) $381,250.00 TOTAL PLAN A ESCROW 3. CONSTRUCTION OF PLAN A IMPROVEMENTS. (OAKGREEN VILLAGE) $ 1,220,000.00 $305,000.00 $1,525,000.00 $ 1,906,250.00 A. Construction. The construction, installation, materials and p e ui ment shall � be in accordance with the plans and specifications approved by the City. y 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 g 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 p latted area, the same shall be dedicated by separate easement conveyed to the Cit y of Oak Park Heights prior to the execution of the Development Agreement. D. Faithful Performance of Construction Contracts. The Developer will fully y 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. . 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 A improvements plus a security requirement of 25% in the total amount of $1,906,250.00. Concurrently with the execution of this Agreement, Developer or its g eneral contractor shall provide a Letter of Credit 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 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 $1,906,250.00 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 feasibilit y 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 er 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. Wetland Management. "Developer shall install a permanent fence or other linear monument marker(s) as directed by the City Engineer„ delimiting the required setback of 16 feet from the City's wetland areas. Such fencing or monuments shall be submitted for approval to the city by the developer and must be installed prior to the issuance of any occupancy pennits. The fencing may be decorative in design but shall be installed in a permanent fashion and may not be removed or the wetland setback encroached upon by the developer or the subsequent association." 4. PLAN B IMPROVEMENTS. (OAKGREEN VILLAGE) 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 (plat name) A. Bituminous pathway B. Water main & Stubs C. Street Entrances ESTIMATED COST $23,836.30 $9,507.00 55,81125 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN B IMPROVEMENTS (rounded): $39,200.00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (25 %): $9,800.00 SECURITY REQUIREMENT (25 %) $12,250.00 TOTAL PLAN B ESCROW (OAKGREEN VILLAGE) $61,250.00 2. The Developer has deposited 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 $61,250.00. 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. Improvements have been ordered and will be constructed as a change order to the LOWES -CSM projects previously ordered by the City Council. 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 $61 ,250.00. The City shall have the right to apply against the Letter of Credit all bills incurred by the City with regard 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. Plans and Specifications. The Developer has been provided with a copy of the plans and specifications as prepared by the office of the City Engineer for the Plan B improvements and has approved same. D. Ownership of Plan B Improvements. All such improvements as constructed shall become the property of the City of Oak Park 10 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. 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. 5. 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: OAKGREEN VILLAGE (ENTIRE) Sanitary Sewer $ 40,014.78 Water $ 207,912.00 Storm Sewer S(38,158.62) 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. 3 The Storm Sewer Area Charge was reduced by credits for the Developer's constructing trunk storm sewer and storm water pond {Net storm sewer area charge =$20,33 5.3 8 minus $40,456.00(trunk storm sewer)minus $18,038.00 (pond) 11 6. 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 expenses relating to this development. 7. 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 OAKGREEN VILLAGE upon execution and delivery of this Agreement and the PUD Permit 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. 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. 1. NAC Planner's Report Dated: May 4, 2006 2. Bonestroo Rosene Andelik and Associates -City Engineer's report dated: May 15, 2006. 3. Report of City Arborist, May 6, 2006 (e -mail) 4. Bonestroo Rosene Andelik and Associates -City Engineer's report dated July 31, 2006 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 Letter(s) 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 bank or lending institution 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 approval authority over construction schedules for Plan A and Plan B improvements and shall consult with Developer prior to establishing same. G. Zoning. OAKGREEN VILAGE has been designated a zoning classification of B -4 with a PUD overlay 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. Phase I Development. Developer's Development is approved for Phase I of the OAKGREEN VILLAGE. This phase includes the construction of 67 residential town home units as part of the first phase of the Oakgreen Village development in the B -4, Limited Business District and in that area west of Oakgreen Avenue and north of 58 Street North. Any expansion will require the p � processing of a PUD Amendment and site plan review at such time 13 as an application is made for that extension. K. Handicapped Parking. Location of disability/ handicapped stalls shall be made efficient with regard to serving all of the areas of the proposed facility. The applicant will be required to demonstrate within the site plan all handicapped parking facilities. L. Landscaping. A final landscaping plan shall be developed and submitted to the City Planner by Developer. Any modifications to the landscape plan shall be implemented only subject to final approval by the City Planner M. Trash Receptacles. Four trash receptacle areas have been designated on the site plan for the multiple family buildings. All tenants of the buildings will be required to utilize these trash receptacles or will be required to store trash internally. N. 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 - ofway or from adjacent properties in compliance with Section 401.15B.7 of the Zoning Ordinance. 0. Signage. A master signage plan shall be developed by the Developer 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. P. 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. Indemnification: 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. 14 R. Homeowners Association- Funded Reserve. There shall be only one Homeowners Associations serving all phases of this development. The Developer shall establish a funded reserve of a minimum of $50,000.00 to be provided to the Homeowners Association before Developer is allowed to turnover operations and control of the development to the Homeowners Association under the terms and provisions of the governance documents. The fund establishment and the Association's governance documents shall be verified to the City before any certificate of occupancy is issued. The City shall have a right of approval over the terms of the Association's governance documents. S. Council Imposed Conditions. The City council has imposed the following conditions upon this Development: 1. The preliminary /final plat is subject to review and approval by the City Engineer and City Attorney. 2. The Park Commission recommends a cash park dedication for Oakgreen Village. Park dedication must be paid at the time of recording of the final plat. The specific terms of the dedication will be addressed in the development agreement. 3. All easements, as required by the City Engineer and City Attorney, shall be dedicated to the City as part of the subdivision approvals. 4. The applicant shall dedicate the right-of-way area for Nova Scotia Court North and Oakgreen Avenue as part of the final plat. 5. The City Council is favorable to the berming and screening provided for Nova Scotia Avenue North as part of the grading and landscape plans. 6. Sidewalks /trails and timing for construction are subject to review and approval by the Parks Commission, City Council, and City Engineer. 7. The applicant's traffic study for the Oakgreen Village development shall be subject to review and approval of the City Engineer. 8. The tree preservation and landscape plans are subject to review and approval of the City Arborist. Additional trees and landscaping shall be provided on the north edge of the development. The landscape plan shall be updated and approved by the City Arborist. The applicant shall remove the dead trees within the stormwater /wetland ponding area 15 identified as Outlot D. 9. The plans for the private park shall be provided and reviewed as part of the Phase 2 concept and general plan of development review process. 10. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Stormwater issues are also subject to review and approval by the applicable watershed authority. 11. The applicant must comply with Xcel Energy's requirements for construction of a pond within the Xcel Energy easement. The applicant shall resubmit the development plans to Xcel Energy to assure compliance with all utility requirements. Written approval from Xcel Energy shall be provided to the City. 12. Prior to the issuance of any grading permit, all existing wells and septic systems must be identified and abandoned in conformance with Minnesota Rules. 13. The site plan does not include light fixtures on buildings. If lights are proposed on the buildings, they must be illustrated on the building plans, details submitted, and the photometric plan must be revised to include them subject to City staff review and approval. 14. Two monument signs shall be allowed for the development, subject to final review and approval of locations, and compliance with the City's Sign Ordinance. 15. The City Council is favorable to the final design and materials for the town home structures. 16. The proposed vinyl lap siding must be changed to steel or Hardiboard siding subject to final review and approval of City staff. 17. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 18. The applicant shall supply the homeowner's association documents as required by the City Attorney for review and approval. 19. The applicant shall provide all association duties and maintenance until the completion of Phase 2. The homeowners association shall be organized with a funded reserve provided by the developer. The details of the reserve amount shall be outlined in the development agreement. Only one homeowners association for both Phase 1 and Phase 2 will be allowed. 20. The applicant shall be required to disclose the entire development plans to include Phase 2 for all Phase 1 buyers. Disclosure is also required for modification of all buyers within the development that the roadway and wetlands are to be private and will not be accepted as public in the future by the City. 21. The applicant shall dedicate the wetland area north of 58 Street (Out lot D) to the City. 22. The applicant is required to enter into a development agreement with the City in a form acceptable to the City, and subject to review and approval of the City Attorney. 23. A plan for postal box design and locations on the site shall be submitted to and approved by City staff and the Postmaster. 24. The City Engineer shall review and submit for approval to the Parks Commission and City Council a plan for crosswalks on 5 Street North and Nova Scotia Avenue North. 25. The applicant shall provide a snow removal plan subject to review and approval of City staff. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the date and year first above written. ric Johnson CityAd mistrator Company in the presence of: Oakgreen Villa, LLC a Minnesota Limited Liability Its Timothy olde Its Chief Manager ) ss. COUNTY OF WASHINGTON) STATE OF MINNESOTA 5 On this 1 day of 5e, Ain bpg , 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 instrument to be the free act and deed of said municipal corporation. JULIE R. JOHNSON NOTARY PUBLIC - MINNESOTA i tl mv Commission Expires Jan, 31, 2010 ,...----------- ....--, _,,-, -,,-,-- -#7,77.."7_ STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) S r On this 1 day of Sc , 2006, before me a Notary Public, within and for said County personally appeared Timothy Nolde and - , to me personally known, being each by me duly sworn did say that they are respectively the C t fIfl(tta rand of Oakgreen Villa, LLC a Minnesota Limited Liability Company 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 Timothy Nolde and acknowledged said instrument to be the free act and deed of said municipal corporation. JUUE R. JOHNSON s'40TARY PLIBUC • MINNESOTA My Commission Expires Jan 31, 2010 L) Notary I ublic 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 20