HomeMy WebLinkAbout2007-02-20 WC Recorded Document #1175058Receipt #: 27518
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$46.00
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Certif'ed Filed and/or recorded on:
2/2012007 10:03 AM
1175058
Certificate #: 63860
Office of the Registrar of Titles
Return to: Property Records & Taxpayer Services
ECKBERG LAMMERS BRIGGS WOLFF & VIERL Washington County, MN
1809 NORTHWESTERN AVENUE
SUITE 110 Kevin 1 Corbid, County Recorder
STI LLWATE R MN 55082
Receipt #: 27519
DAG
$46.00
CITY OF OAK PARK HEIGHTS DEVELOPER'S AGREEMENT
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3631332
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Certified Filed and/or recorded on:
2/20/2007 10:04 AM
3631332
Office of the County Recorder
Return t Property Records & Taxpayer Services
ECKBERG LAMMERS BRIGGS WOLFF & Washington County, MN
1809 NORTHWESTERN AVENUE
SUITE 110 Kevin J Cor•brd C01117t1' Recorder
STI LLWATE R MN 55082
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this 31st 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 ").
WITNESSETH; That:
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 North of a plat of land within the corporate limits of the Cit y described as
follows:
(the "Subdivision "); and,
OAKGREEN VILLAGE
(PHASE ONE- Exhibit A)
WHEREAS, 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.
NOW, THEREFORE, FO.E, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Designation of Improvements: Improvements to be installed at Developer's expense by the
Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements ".
Improvements to be installed by the City and paid for by Developer are hereinafter referred to as
„ Plan B Improvements ".
1. PLAN A IMPROVEMENTS: The Developer will construct at Developer's
expense the following improvements under Plan A according to the following terms
and conditions:
A. The Developer shall do all site grading, common greenway and open spaces,
storm water storage ponds, surface drainage ways and all private driveways
including sodding of boulevards, all in accordance with the approved
grading, drainage and site plan. A grading plan with maximum two (2) foot
contours, pad elevations, drainage provisions, erosion control provisions and
cross sections, as necessary, shall be submitted to and approved by the City
prior to commencement of any site grading. Any changes to the grading
plan during construction shall be submitted to the City for approval. Each
building site must conform to the grading plan approved by the Building
Inspector of the City of Oak Park Heights prior to a building permit being
issued.
B. The Developer shall control soil erosion ensuring:
1. All development shall conform to the natural limitations presented
by the topography and soil of the subdivision in order to create the
best potential for preventing soil erosion. The Developer shall
submit an erosion control plan, detailing all erosion control measures
to he 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 preserve the
lot markers.
D. The Developer shall be responsible for maintaining the location of and
protecting curb stops, water services and sewer services. Any service or
curb stop damaged shall be repaired or replaced as specified by the City.
The Developer shall make all necessary adjustments to the curb stops to
bring them flush with the topsoil (after grading) or driveway surface.
1�. The Developer shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City. Final
landscaping plans must be submitted to the office of the City Planner for
approval .
F. The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping during and after construction until the
project is complete. All streets shall be maintained free of debris and soil
until the subdivision is completed. Warning signs shall be placed when
hazards develop in streets to prevent the public from traveling on same and
directing attention to detours. The repair of any damage done to the streets
or public utilities by Developer or any of its Contractors or Subcontractors,
shall remain the financial responsibility of the Developer.
0. 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:
t. The Developer shall dedicate a reasonable portion of this proposed
subdivision as the City Council reasonably determines to the public for
public uses as parks, playgrounds, public open space, trails, or other
conditions as required by the City and as shown on the 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 $391,386.00
1. The Developer shall dedicate and survey all drainage and storm water
holding ponds as required by the City and to be shown on the final plat. The
Developer shall be responsible for storm sewer cleaning and holding pond
' Park dedication computed on 17.68 acres valued at $3.63 per sal foot. This amount will be subject to an offset for
Public Trail construction cost --see footnote /12
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 om 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
shall be orange in color with steel posts at 6-8 foot intervals. The City
Arborist shall be contacted by Developer for an inspection after the fencing
is installed. All tree replacement fees due the City pursuant to the City Tree
Protection ordinance following shall be paid within 10 days following the
Arborists certification of amounts due.
0 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.
Q 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 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. 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
CGS 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 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 rernediating
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
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 $56,000.00
5. Grading $184,635.00
6. Erosion Control $23,308.00
7. Bituminous Trail (public) $36,385.00
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:
TOTAL PLAN A ESCROW
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
(OAKGREEN VILLAGE)
$1,220,000.00
$305,000.00
$1,525,000.00
SECURITY REQUIREMENT (25 %) $381,250.00
$ 1,906,250.00
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 l
C. Basements. The Developers shall dedicate to the City, upon approval of the
final plat, at no cost to the City, all permanent or temporary easements
necessary for the construction and installation of the Plan A and Plan B
Improvements as determined by the City. All such easements required by
the City shall' be in writing, and in recordable form, containing such terms
and conditions as the City shall determine. If within the platted area, all
such easements shall be dedicated to the City and specifically described
within the Plat. As it affects all easements located outside the platted area,
the same shall be dedicated by separate easement conveyed to the City of
Oak Park Heights prior to the execution of the Development Agreement.
D. Faithful Performance of Construction Contracts. The Developer will fully
and faithfully comply with all terms and conditions of any and all contracts
entered into by the Developer for the installation and construction of all Plan
A Improvements and hereby guarantees the workmanship and materials for a
period of one year following the City's final acceptance of the Plan A
Improvements. . 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 general
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 Securit Term. The Developers 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.
I.; . Amount of Security o 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 its 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.
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 permits. 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 . :.. .._.._ 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 ESTIMATED COST
(plat name)
A. Bituminous pathway
B. Water main & Stubs
C. Street Entrances
TOTAL ESTIMATED CONSTRUCTION RUCTION COST
OF PLAN B IMPROVEMENTS (rounded):
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (25%):
$23,836.30
$9,507.00
5,813.25
$39,200.00
$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 I-- Ieights, 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 Sd 1,25 0.00. 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 Ownersl�i of Plan B Inz rovements. All such improvements as
constructed shall become the property of the City of Oak Park
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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.
0. 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)
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Sanitary Sewer $ 40,0 14.78
Water $ 207,91 2.00
Storm Sewer $(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.
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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 =$20,335.38 minus $40,456.00(trunk storm sewer)minus $18,038.00
(pond)
6. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow
account to the City of Oak Park Heights in the amount of $1 0,000.00 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. F final Flat 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.
l . 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 sane. 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 Develone at. 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
processing of a PUD Amendment and site plan review at such time
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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.
ICI Lighting. Developers must submit a lighting plan to the City
Council. A photo - metric lighting plan shall be submitted and subject
to review and specific approval of City Staff and City Council. All
lighting shall be hooded and controlled so as not to direct light
source to adjacent lands and not to be visible from the public right-
of-way or from adjacent properties in compliance with Section
401.15B.7 of the Zoning Ordinance.
0. menage. 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.
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identified as Out lot 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 he
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 (Outlot 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 8th 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.
ENTERED IN TRANSFER RECORD
! ASH NG TON COUNTY, INNESOTA
OLLY F. OiROUtAKE, AUDITOR- REASURER
DEPUTY
17
David f3adet
MaVot
Eric J
Cit
on
ministrator
Company
In t s e presence of:
rj
Cy\-- -
18
Oakgreen Villa, LLC a Minnesota Limited Liability
Timothy olde
Its Chief Manager
Its
STATE OF MINNESOTA }
) ss.
COUNTY OF WASHINGTON)
` day of 2006 before me a Notary Public, within and for
On this � . � , Y
y
said County p ersonally 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.
corporation.
JULIE R. JOHNSON
, •NOTARY PUBLIC - MINNESOTA 8
Miv Commission Expires Jan 31. 2010 R
•
,.� ' .J�i..(� ' �' ` ewe '�•. Yr 3n�;�;� ��;�:�"' • � '�'
;illir `1
JULIE R. JOHNSON
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
Notar
STATE OF MINNESOTA }
) ss.
COUNTY OF WASHINGTON)
On this / of Zo ok before me a Notar � y , 2006, 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
( lc lo ei and ----- Y of Oakgreen villa, TIC a Minnesota Limited
Liability Company named in the foregoing instrument; and that the seal affixed to said instalment
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
ublic
Notar ' 'ublic
71
/( :3//
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers, ters, Briggs, Wolff
& Vierling, P.l:_..L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
( 439 -2878
20
20
OAKGREEN VILLAGE
PHASE ONE- EXHIBIT A
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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
21