HomeMy WebLinkAbout2006-06-02 CA Ltr to Applicant Re Pine Grove Garden Documents, Etc.City of Oak Park 1
1 /1 1 [ Oak 1 IIr k Blvd, d, • lloN 2007 • Oak Park Heights, NIN 55082 • Ph (651 ) , 139- , 1139 • Fax (6,51) 439-057
June 2, 2006
VI FM 7 1 .
i /
From: 1:;i Johnson, City Acln ini trat
k 1
TO: Pine G i•ov ; Garde s Par cs �/.
1.F: Pine Grove Gardens en s ocumm en is
Final I oc:uiiieiits For fine _h3' ve aal•(lcIIs:
1, Approving Re ()I ltiof 05-05-19
The PIJD Peniit ...- to he signed when the DA has been recorded and a rccc •cling nntnnii er is
Developer's Agree nt — Signed May 22, 2006 --- on ina1 in Planning FiIc.
Copies or L 's - l olh Nan Al f. B Judi Hoist has origindls
5. Copies or check of received connection charges, park d cl., tree replacements and $5,000 t
Page 1 of 38
RESOLUTION NO, 0 5 - o 5 -
CITY OUNCIL
CITY OF OAK P.A K HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION STAI LISHING FINDINGS OF 'FACT AN
RESOLUTION O F THE CITY COUNCIL THAT THE
REQUEST BY OAK PARK HEIGHTS DEVELOPMENT LPL C FOR A
COMPREHENSIVE PLAN MAP AMENDMENT, NT, REZONING TO
R3, MULTIPLE .AMI.LY RESIDENTIAL ENTIA ST IC ,
CONCE T BEN RA PLAN OF DEVELOPMENT PUD AND
PRELIMINARY AND FINAL 'PLAT FOR A 26 'UNIT OWNI_I:OM
PROJECT KNOWN AS PINE GROVE GARDENS
ON OAKGREEN AVENUE
BE APPROVED WITH CONDITIONS
WHEREAS, the City of oak Park Heights has received a request from Oak Park
1 Ieights Development LLC for a Comprehensive flan amendment, t, r ni to R-3, Multiple
Family Residential District, : or)eeJ)1 u r er rl Plan of Development Pt l , and .Preliminary and
Final Plat for a 26 unit to rnhonie project known as Pine Grove Gardens on Oakgreen Avenue;
and after having conducted a public hearing relative thereto, the Plannin g Commission of oak
Park Heights ht recommended that the request be approved with conditions. The City Council
makes _ es the following findi n s of fact and resolution:
1. The real property affected by said application is legally described a
,.1E ATTACHMENT A
2. The applicant has su bmitted an application and supporting
documentation ntation to the Community Development elopm ent l epartme t consisting of the following items
follows, vs, to wit:
and
and
E } ATTACHMENT 13
3. The subject site is designated in the Comprehensive herrsive flan as R- B,
Residential Business Transitional and it is zoned 0, Open Space Conservation. The applicant
has requested that the property be redesignated as medium density and rezoned to R-3, Multiple.
Family it Residential District; and
4. The applicant has requested a Planned Unit Development Concept and
General Plan review for the project. The KID is required to allow access from private
driveways; and
Page 2of3
5. City staff prepared planning reports dated March , 2005 and May 5, 2005
revie wing the applications, and the May 5, 2005 report recommended mend approval attic
applications subject to conditions; and
6. The City Council, at their March 29, 2005 meeting, voted 3 to 2 to deny
approval ofd the Pine Grove Gardens Comprehensive Plan amendment nt and rezoning; and
7. The City Council, at their April 12, 2005 meeting, voted to reconsider
consideration of ihe application and to direct the application back to the Planning Commission;
and
8. The Planning Commission held a public hearing at their March 10, 2005
and May 12, 2005 meetings, took comments metnts from the applicants and public, closed the public
hearing, and recommended the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE MY COUNCIL FOR
THE CITY OF ()AK PARK HE . H T► THAT THE . TY COUNCIL APPROVES TUU E
FOLLOWING:
A. The application submitted by Oak Earl . Heights Development nt LL,C for a Comprehensive
Plan amendment, rezoning to R-3, Multiple Family r f esidenti al .l District, Concepi /Genera1
Plan of Development PUD, and Preliminary and Final Plat for a 26 unit io rniiome
project known as Pine Grove Gardens c Oakgi een Avenue, and affecting the real
proper ty as follows:
SI f. A IT C MEN F A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights is the
following:
• Comprehensive Plan Amendment to Medium Density Residential (exclude area identified
as outlot A)
• Zoning Amendment to R-3, MultipJe Family Residential f istrict (exc]ude area identifie d
as utlot A)
• PUD Concept and General Plan Approval
6 Preliminary an d Final r_l Pl t
And subject to the following conditions:
1. The nal plat shall be subject to any comments or requirements imposed by the City
Engineer and City Attorney. The City Attorney shall provide comment and
recommendation on the proposed separate developable parcel designated as an outlot,
with recommendations to be incorporated into the development agreement. All drainage
- tnd bonding areas provided in the outlot shall be preserved by easement or otherwise for
the benefit of the overall development and shall be maintained to City standar d by the
developer or homeowners association. No further development of the outlet shall
proceed until the City has taken a final position on the St. Croix River Crossing 'i' 36
project,
38
2
2. The applicant shall be required to pay a cash park dedication fee based upon the
requirements of Section 402.08 of the Subdivision Ordinance. The applicant shall
provide the City with a property al praisa ae eplable to the City Attorney.
3. The City Council is agreeable to allowing encroachments of decks into the required
setbacks, as provided `or on a plan approved b ity staff.
4. The e Police Chief n l Fire Chief shall comment on the accessibility of the roject for
emergency vehicles.
5. The proposed trail locations and applicant's rest onsibility in construction costs shall be
subject to review and approval by the City Council.
6. The applicant shall submit a snow removal pan that shall be subject to the review and
approval of City star:
7. The applicant shall provide updated grading, drainage and utility plans to the City
reflecting the revised concept/general plan. All final grading, drainage ,nd utility plans
shall be subject to the review and approval of the City :Public Works Director and City
Engineer and review of the Middle St. Croix Watershed District.
ict.
8. The applicant shall provide updated landscape and tree preservation plans to reflect the
revised site plan. The final landscape plan and tree preservation plans are subject to
review and approval of the City Arborist.
9. The applicant shall provide a photometric plan .f for the project subject to City tall' review
and approval.
10. The City Council is agreeable to the garage forward design and genera] architecture of
the project. The siding m teriais should be steel, concrete masonry board, or an
equivalent t r ateria approved by City Council. The applicant shall provide building
materials samples for City Council review.
11. A development agreement shall be required subject to review and approval of ihe City
Council and City Attorney,
12. 'The homeowners ners docu gents and declarations shall be provided to the City Attorney for
his review and approval.
13. The concept/general plan shall be revised to comply with the setback provisions of' the
Wetland Ordinance, ;e, subject to review and approval of the City i_ }iigineer.
Page 4 of 38
3
Approved by the City Council of the City of Oak Park jieigps this 24 day o f May 2005.
A. o , L'on, City Administrator
Page 5 of 38
)avid IIcaudet, Mayor
4
Page 6 of 38
Attachment A
Washington County GEO Code: 04.29,20.22.0009
04.29.20.22.0010*
Physical Address: k5769 Oakgreen Ave. N. & Outiots A & B
Required Approvals:
Planning Comn Ussion
City Council
Page 7 of 38
ATTACHMENT B
w
Comprehensive Plan Map Change & Zoning District Amendments
Pine Grove Gardens -- 5769 oa g ree n Ave. N.
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets 20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County 00 from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Conference Wi h City Staff Upon Application Submittal: February 23, 2005
Public Hearings Conducted: March 10, 2005 & May 12, 2005.
Corp. Plan Amendment 139,ZQ n illg
4/5 4/5
4/5 4/5
Planners File No.: 79..02-05,Q1 Date .Issued: 1\/ .TM.,.. 2 Q 06 .
Council Authorized: May 24, 2005
Legal Description: : \a Iiiii (on County Geo. {c l 04.029.20,22.0010.)
Sect- et fF\ l -k f-r9 ang f- Pr y N\\/ I1 -1-N 1f4 042920 AT k COR OF SD TRACT T iN -E PAR
WITH S LINE OF 1-: ' RAC 1.:: S OF ]''1' f: ' .-lN N & PAR WITH W f.[N l } F 1) E . :DisT 1' 210F
W , PAR N LINE OF SD } . } :'r C, ([ I..)] ST OF "' 4[. c 1. 7.. 1 ., TO LINE : 1 S: ) ) :, : ' { I xl--IN S ON W .[ . ] ] . '. OF
SD , E } 4 1: I ST OF 210FT TO . :P 1' OF ]: 1., G
To be platted as
:iRN GARDF,NS
Owner: Oak Park Ileighta Pcvclopmeni c
Address: ess: Stillwater .Blvd. N )rth
Stillwater,_MN 55082
Present Zoning District: I -3 P I
Permitted uses set forth in Ordinance 401 Section 401
1. PLANNED UNIT 1 E RM I FOR:
R:
26 Unit own home Project
General .Description:
A planned Unit Developrnent Permit issued to the construction of a 26 unit Town home
Development m ennt n 4 . ] acres of land rezoned to 1 - PUL .
Page 8 of 38
:`ITS OF OAK PARK JIEI rr
PLANNED UNIT DEVELOPMENT
FOR
PINE GROVE GR DEN
IL ADD rn NALi I-ZESTIZICTIONS AND PROVISIONS.
'1 he following additional restrictions and provisions bctti.), part of the Planner Unit Development Permit
issued therein affecting the following matters have been imposed by 'Ile City Councii:
1. 'the final plat shall be subject to any comments or rc 1uirenicnls imposed cd by the Cit y Kn inccr and City
Attorney, The City Attorney shall provide comment cnt and recommendation endation on the proposed ppc sed1 s ] aratc
developable parcel designated as an eruct, with recommendations to be incorporated into the
development agreement. All drainage and ] c r din ; areas provided in the e utl t shall be preserved by
easement or otherwise for the benefit of the overall development and shall be maintained t o City
standard by the developer or homeowners association. No further development of the outl 1. shall
proceed until the City has taken a final position n on the St. Croix .i River Crossing TH 36 project.
'l'he applicant shall he required to pay { a cash park dedication fee based upon the requirements of Section
402.0X or the Subdivision n : rdinance. Tile applicant shall provide the City with a property appraisal
acceptable to the City Attorney.
3. The City Couna is agreeable to allowing g encroac.hmcnts ol clocks into the required setbacks, pis
provided for on a plan aan r1 ] ro 'col by (. its{ staff
The Police Chief' and Cliic! ,hall comment on the accessibility of the project for emergency
vehicles.
5 The proposed trail locations and applicant's responsibility in construction costs shall be subject to
review 'mt cl approval by the :.'its :,ounci1.
6. The P] tic ant shall submit it a snow removal plan that sliu11 be subject to the review and approval ol City
Ma: .
7. `1 applicant shall provicle updated grading, drainage and utility plans to the ..;its reflecting the revised
conceptigeneral plan. All final grading, drainage and utility plans shall be subject to the review and
approval of the City Public, Works 1: irector Inc] City ]-.mincer and review off` the Middle St. Croix
Watershed District.
8. The applicant shat] provide updated landscape and ti - ee preservation plans to reflect the revised site plan.
The final landscape I lan and tree preservation ]tans are subject to review } 10(1 approval of the .:ity
Arb()i t.
rl applicant icant shal] provide a photometric plan for the project subject ct to City staff; review and approval.
1 0. `.i`hc C;it y Council is roc l lc to the garage forward design and 2,cneral architcclure of the pro cc1. `I ;lac
siding materials shall be steel, cc crctc masonry board, on an equivalent material approved by City
Council. The applicant shall provide building materials samples For City :council review,
1 1. A development agreement shall be required subject to review and approval gal o the City Council and City
Page9of38
V
Date:
AtiorneY,
1'7. The homeowners c'o wner• association documents and declaratkms shall be provided t o the City Attorney for his
review and approval.
13. The conceptigeneral plan shall be revised to comply wilhh the setback 'provisions of the Wetland
ci
Ordinance, subject to review and approval of the City Engineer.
1V, Re rcncc Attachment:
• Comprehensive Ilan Amendment to Medium Density Residential (exclude area identified . utlot A)
• Zoning Amendment to R -: , Multiple Family Residential District t (exclude area identified as : utlot .
• .l'.J]. Concept <(:1 General Plan Approval
• Preliminary l fl cl :Final P l a t
The terms and conditions of the Development Agreement of May_2006 as recorder of record in the office
of the Washington County Recorder as Document # are hereby incorporated by reference
therein 1 dl made a part hereof.
IN \ I'I'NE S '1\'1JKRE - F the parties have et forth their hands and seals.
'�: ate:
Page 10 of 38
CITY ` ' : .KKK .PARK 1 H 1 1 G .i I TS
David a: eau d t
Mayor
By �.. - ...Y._....... _ .. �
1-'iric Johnson
City Administrator
OAK PARK HEIGHTS DEVELOPMENT, 1 .1 }
Its
.` . '-. Y OF OAK PARK H E I G H-- '
WASHINGTON COUNTY, MINNESOTA
DE V El PER'S AGREEMENT
IS AGREEMENT., made and entered into tIiiS• ;, of ay, 2006, by and between
the City of Oak Park l leights, a municipal corporation under the laws oldie State of i nesc to (the
"City"), ncJ Oak ari Heights Development 1_. _..r. the "Developer").
WHEREAS, the Developer per has made application icatlo t - the City Council for approval of the
Concept t an .l General flan or Development and Final Plat or plat or and within the corporate limits
of the City described as follows:
the "Subdivision"); and,
J i 1.1 CiROVF GARDENS
E,
See Attached Fxhibit
WHEREAS, the City Council has on May 211, 2005, granted approval to the Subdivision, on
the condition that: the Developer eloper ent r• into this Agreement stipulating, the conditions for the
installation Ofx street, water,. se\Vcr and other € ublic improvements er ments as well as he development of on-
site improvements hereinafter described, all in accordance with the terms and conditions hereinafter
set forth.
NOW, THEREFORE. RE. in consideration o } the premises and of the mutual promises and
conditions hereinafter contained, it is hereby eby agreed as follows:
1 csi natic n or Improvements: Improvements ents to be installed at 1 c veluper's expense by the
Developer as hereinafter provided re 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",
Page 11 of 38
PLAN AIM 1 _ (: E ' :Ii N Ts The Developer will construct at Developer's
expense the following impr ements under Plan A according to the rollowin terms
ms
and conditions:
A. The Developer shall do all site grading, common greem,vay and open spaces,
storm water storage ponds, cls, surface drainage ways and all private driveways
including sodding of boulevards, all in accordance ran fie itlh the approved
grading, drainage and site plan. . grading plan with maximum murrm tw foot
contours, pad elevations, drainage provisions, er'o ions 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 ng c rnstrcuctic shall be submitted to the City for approval. l:;ach
Page 12 of 38
building site mast conform to the grading plan approved ccl by the Building
Inspector of the City of Oak Park 1 Jcl hts prior to a buildir , permit being
issued,
1.. The :_ cvcloper 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 fbr preventing soil erosion. Tile Developer shall submit an
erosion control Ilan, detailing all erosion orltrol measures to be
implemented during construction, uctit nn, said plan shall be approved d by the
City prior ior to the commencement enceme nt ofsitc gr or construction.
F rosic n and siltation co tr•c l 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 r be necessary to control erosion.
3, Land nd shall be developed in increments of \ fc rkablc sic such that
adequate erosion and siltation controls can be provided as
construction progresses. r'esscs. '[he smallest practical Or land shall be
exposed at any one period of ti m .
Where the topsoil 1 is removed, sufficient t arable soil shall be set aside
Iii• r'csl read ing over the developed area, The topsoil shill be restored
to a depth of at least four (4) inches and shall be ()la 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 Oakgreen Avenue c adjacent to this development \vithout the
express written consent of #the City Hngir)c r{.
C. The Developer shall place iron monuments at all lot and block corners and at
all other angle points on l ocrriclar' lines. Iron monuments stall 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
� stops, water and l 1 � �y service r 3 1
protecting curb water services and sewer services. Any ser•v ice or curb
stop damaged hall be repaired or replaced as specified by the City. 'File
Developer shall make all necessary adjustments 1 the curb stops to bring
them flush \\ di the topsoil (after grading ) or driveway surrace.
2
Page 13 of 38
,. The Developer shall be required to provide landscaping and screeninp, as
determined by the City and as required b y the ordinances of the city. Final
landscaping planes must be submitted to the office of the City Planner for
approval .
F. The Developer shall be responsible si1 r for street maintenance, nancc, includin curbs,
boulevards, sod and street sweeping until the project is complete. lete. Al 1 streets
shall be maintained . sic of ;debris and soil until the subdivision is completed,
\Yarining signs shall Inc placed Nvhcn hazards develop in streets to prevent the
I blic from traveling, on same and dir g attention to detours. The repair
of any damage done to the treets or public utilities by Developer or any of
its Contractors or Subcontractors, shall remain the financial responsibility of
the Developer.
3. The Developer er shall furnish site lighting in accordance xr ith the City
Ordinance requirements pursuant to a Ilan which rnust receive the approval
of 1hc City Planner,
i 5 er.1I Requirements:
I. The Developer sl - u1ll dedicate a r•c.asonable portion rtion or (his proposed
subdivision as the :City Council reasonably determines to the public- For
public uses as parks, playgrounds, public open space, trails, cn' other
conditions as required by the City and as shown on the final plat. In liar of
complete land dedication, 1_ e elal cr shall upon execution this 1 eveloper's
Agreement, pay a lark dedication Ice now prescribed by ordinance and/or
resolution, The cash park dedication fee for this subdivision, including the
Oudot A, is in the amount o 1' $9 ,0 00.U0, The Developer shall be provided a
credit not to exceed $9,()O().()() Ibr the construction of se2ments of the city
trail system adjacent to the Development ment l cut outside of the Development
pm ent
boundary fl ci on City controlled land. The credit shall be applied against the
$9 1,000,00 park dedication # c and 1: cv lof)er shall supply the City .,rigin er
with reasonable documentation of Developers expenses incurred in the
construction of the connecting segment of the public trail between this
Development mcnt arnc1 the existing city trail system,
1.
The Developer cr shall dedicate and survey all drainage and storm water
holding lin ponds cls as required by the City and to he shown on the Final plat, The
Developer shall be responsible tnsible # r storm sewer cleaning and 11 0 Idin« pond
r cf
dredging, as required, by the City prior to completion oldie development.
The City of Oak Park Heights lets is requiring Developer to dedicate story m water
drainage areas and holding ponds to serve Developer's project. uch areas
3
Page 14 of 38
arc incorporated within the drainage. easement t e icted on the final plat and
upon execution of this Development Agre t ment and the recording or the
final plat conveyed to the City of Oak Park l i ;hts.
The Developer shall be responsible for securing all necessary approvals,
PUDs, CUPs and !permits fr om all appropriate federal, state, regional in 1
local . juris ici:i ns prior to the commencement mcncement )f site grading or construction
and prior for to the City awarding construction contracts for public. c. utilities. The
Developer shall secure the appropriate fAnDOT access perrnits I a • 1.he two
accesses onto the MnDO I, Frontage Road.
K.. Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all lot lines in the plat of Pine Grove Gardens.
1.1.
Wetland Designation. All areas classified as wetlands shall be displayed
upon the flat and those so specific by the City Engineer shall be dedicated
to the public for that purpose.
M. 'Tree Protection and Clearing:
The Developer er must have the City Arborist or a person under her designation
i
providin on-site supervision and direction during the clearing process. ss. P'i ior
to- the clearing op eration being initiated all clearing limits and trees to be
protected shall be clearly marked. 'lice protection fencing shall be installed
and maintained until after grading is complete. All fencing shall be installed
11 least 20 Beet distant from m the trunks of lark shade tees (deciduous) and
around coniferous trees no closer than the drip line. Silt fencing 'nay not be
used l• a substitute I - br tree protection fencing, Fencing ing shall be ( it
color with steel posts It 6-8 l()O( inlci vak The City Arboi'ist shall be
contacted by f cvcloper for ail i1 I cct i . ) 1 f ier the felleillg is
O. Warranty o'f'Title,
13y its execution hereof' Developer loper hcrcby warrants rants ail represents that it has
the exclusive and marketable fee title to the subject property. f: c cloper
further wwfarrrra nts and represents that there are n o liens or encumbrances
against the title and that it is fully authorized to execute this agreement as the
fee owner of the subject lands. Developer may use subordination d inationn a re meints
f r existing lenders now encumbering the property in the form provided f - om
the city attorney's office to comply with the provisions of this section.
P. Fire Hydrants.
All lire hydrants throughout the development shall incorporate an .F -
{aterous Storz Nozzle. lc. The hydrant pumper nozzle shall b e of one-piece
design, ccompatible with a five inch Storz hose coupling. The nozzle shall be
4
Page 15 of 38
an integral part of' the fire hydrants and must be furnished by the
manufacturer or authorized distributor designated by the i" a of cture . Storz
adapters \•fill not be accepted.
�.
Utility 1 occ ticons in City Right ht f a {.
In order to maintain compliance with regulations promulgated from the
Minnesota Of lice of Pipeline Safety the developer, its contractors,
subcontractors, and agents shall comply \vith the following requirements:
All right of way )(wit shall ['CC]LIire an application with a plan that
shall be submitted for city review prior to any work performed ed in
the riuht of wa y areas.
2. The layout of utilities, including depths, off-sets and materials
shall be documented during c nstructi n and confirmed with city
s[af ;during the installation process.
3. Single family residential lots are required to submit z accurate tie
card showing the utilities installed and measurements from fix d
objects (corner of house, fire hydrants, etc.) to the curb stop,
location pins, clean outs and tic in points is (c. r all utilities.
1.
Multi-family and commercial mercial lots must provide, in addition to the
above, pm re ssiOf 1 as built drawings confirmed by field survey,
showing the required information. n. 1n addition E: nIgineer'ing grade
CPS coordinates in the Washington ..county coordinate system
shall be supplied by the builder. These will allow the coordinates
to be leclroni ally incorporated in to f uture cite mapping.
5 All installations will require pins be installed directly above all
utility lines where rc the } cross lot lines. A corrosion protected trace
\vire shall be installed six inches belo w final grade directly above
all new utility installations at a mirnimuni through the right or m
The trace 1 fire and till shall be terminated in a capped vertical
conduit that is within two inches °ale final grade and pin located
al the lot line.
6. The Developer shall hold harmless and indemnify the City of Oak
Park Heights from any and all less or damage resulting from i its
failure tco comply f 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 - rcdiating
problems resulting thole from in the right away.
7. Upon Failure to provide full documentation entationn as required the City
shall notify Inc 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
Page 16 of 38
the necessary work. Any costs incurred in resolving, these
requirements shall be assessed sed io the property 01 ()Het 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 lee schedule adopted by the ;it { Council.
DESCRIPTION RIPTION _ F PLAN A IMPROVEMENTS ESTIMATED C T
1. Grading ancd 1: rosion Control S160,700,00
2. s an k ary sewer $38,800.00
3. Streets $79,300.00
4, Water Main 60,200.00
5. Storm e'er $ /1,00.00
6. City Inspection or Utilities 23,600.00
8. Utility Protection &. Repair
9. Street Protection < Repair
10. 1,andscapiiig strc ;et signs, utility protection and repair 443 ,
IOTA ES]] IV1A F 1 CONSTRUCTION COST
T
F PLAN A I N/I PROVI:1 N1 '1' :
HSTIMATHD [N(1 1 IEI::i1 1l C , 1.,1::f :i I.., AND
ADM INI F1RA"1 ;1 VIE (20%):
'�; ✓ 11.E 1il rl*IM f1'!• _ CONSTRUCTION COST
F PLAN 1 I1 PIO'I,1VIHN`1':
S1::CURITY ICIl, 1J1R ::i1 I- T (25%) . 138,515.00
TOTAL PLAN A ESCROW S 692,921.00
461,719,00
$ 92 13'i 0 0
. 554,406.00
Page 17 f 38
3. CONSTRUCTION OF PLAN IMPROVEMENTS,
A. ( f t ±Uc 1ic f. The construction, installation, materials and equipment shall
be in accordance {ith the plans and specifications approved by the City.
B. Inspectiop. All of the w(» shall be under and subject to the inspection and
approval of the City and where appropriate, any other governmental r nmental a c..nnc y
having jurisdiction.
C. F,asements. The Developers shall dedicate to tile City, upon approval of the
ri mal plat, at no cost 10 the .its, all permanent or temporary ar eases me nts
necessary for the construction and installation of the Plan A an d Plan 1:
Improvements as determined by the City. All such easements required b y the
City shall be in viriting, an d in recordable form, , connt such terms an
conditions as the = it { shall determine,. ine. !f 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 sa
shall be dedicated by separate easement co ve yccl to the City of Oak Par:
1 lei hts prior to the execution of the Development nt gr nient.
Faithful P •rOrfll<fl)c f :c fst :1 etiof Contracts. The Developer er w {ill fully
and 1i compl } with all terms s and conditions of any and all contracts
entered into by the Developer er . Ioi - the installation and construction (Wall Plan
Im Improvements ments anncl hereby guarantees the workmanship anshi1p and materials for a
period of one year 1()llc \'1I) the :.:'it 's final acceptance of the Plan
Improvements, Concurrently with the execution of this Agreement,
Developer er cor 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,
y,
guaranteeing Quaranteeing the performance by Developer er c fx the construction of the flan
Improvements iii a timely y lfcl proper er li aniicr. Additionally, Developer
er
guarantees and agrees that, shoulcl the City of Oak Park hilts need to apply
a claim on said Letter of Credit, that Developer r shall pay { all attorney's fees
and administrative expenses associated will saki action.
I. ;
Letter of Credit. The Letter o! Ci'cdit shall be issued fo • a period o1'time not
less than one 1 year in duration. The 1.., iter of Credit shall also be extended
Col a Period of *time up to an additional year 011 demand of the City should the
Plan A improvements not be completed within 1 1 months from the date
hereof.
Page 18 of 38
F. Security to be filed with the City
Letter of cr4it. The Developer loper shall post security in the form of a letter of
credit from m 2 ntral Bank. to secure the construction the Plan l improvements
cl is
in the sum of $692,921.00,
No work shall be commenced under this Agreement until the Developer
shall have filed with the City the security 0..fetter of Credit , in the amount
of $692,921.00 being the estimated costs for the Plan A improvements \•vith
security and engineering above. The Irrevocable Letter r of} Credit shall he
. for a minimum period of one year and shall be filed with the City prior to
the Final Plat being recorded. If either of the irrevocable 1..,ctter of .= reclit
expires prior to the improvements as specified herein being cornpleted, it
shall be renewed or replaced not later than thi rt y 0 days prier to it's
expiration, with a like Irrevocable lc Lctt r• 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 f..,cttcr of Credit I r•
the remaining im r'ovements. Mille Irrevocable Letter of Credit shall be l'o
the exclusive use and benefit of th e City of Oak Park Heights.
Reduction of � irit y , 1 Ir ll t y for Pl an A l r e ' t : The Developer
loper•
may request reduction of' the Letter (s) or Credit lased upon prepayment
or the value of th complete Plan A Improvements at the time ()Idle
requested reduction. If city engineer evaluations are requested, the
Developer will be responsible ibr the estimated costs incurred by the City
for performing the additional evaluations. "1 he amount of reduction
be determined by the City. In no event shall the security guarantees be
less than five percent (5%) oFthc original iginal sccur•ity guarantees until all Plan
A Improvements ments h vie been approved and accepted by the .:ity.
It is arced that all labor and work shall be donne, and performed in the hest
ti
and most t workma lik manner and in strict cOiIf()r� ar1c'e 1.1 ith the
r, provcc plans and specifications on file with the City Nii ineer. No
deviations From the approved plans and specifications will be permitted
unless approved in writing by the City Fnginc *car or his designee.
1,
The Developer shall be responsible for street maintenance, it cludin curbs,
boulevar ds, sod and street sweeping until the project is complete (this
includes Oakgreen Ave adjacent to the development). ent. 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 is fro traveling on same and directing attention to detours. Flagmen
may be required by the city to control traffic on OnkL2,reen Ave, during the
8
Page 1 9 of 38
project which lh w iII be provided l l { Developer at its expense. The repair of ny
damage done to the streets o r public utilities by Developer or any ol its
Contractors or Subcontractors, shall remain the financial responsibility c ` he
Developer.
4. PLAN 13 .IMPROVEMENTS. The 'oilow inng improvements will be installed by the
City { t the Developer's r "s e p ns according to the rolio ing terms s and conditions:
A. Street t 1mmm1 r•o vemcnts $ 89,600.00
13. l rosioI1 Control 2.750.00
C. Restoration 8.580.00
11 Surveying $2,500.00
r1'(YFAL EsTimm coNsTRucnoN cosT
OF PLAN 11 IMPROVEMENTS: , i 03,/130.00
}
F S F1 N' ' 1 l fl :3 I N E R N G, 1. 1,C,l l., N
f
ADMINISTRATIVE (25%); 25,858.00
TOTAL CO= - N fl`1 _JC ]'ION COST , 129.288.00
Required Security posted % S 32,322.00
• I ;ot a l Deposit , 161, 1 .000
Page 20 of 38
A. Construction, Alter - [he preparation or 1)rcliflIinar plans and
estimates by th e Cit y, the City Council shall take bids on the projects
and tlici•carter award the contract pursuant 10 law for the installation
ol the Plan 13 improvernents under the City's supervision, Upon
receipt t c r the first bid tabulation, Developer r l €ill be provided a copy
(fiercer. The Developer shall have the right to immediately notify the
City of its demand that the City i e ect all bids, As it affects ccts the first
bid tabulation, the City shall honor the Developer's \ \?isle i1 ade to
reject all bids and thereafter proceed to a second bidding on the
project. Subsequent bid tabulations may be commented upon by
Developer but the City may award to they lowest responsible bidder of
the project ect inn the Manner provided by law.
l: .k': r Ny. No work shall be commenced under this Agreement e t until
the m c elOm)er stall have filed with the City a cash deposit, certified
check or Letter of Credit (in a lbrni to be approved by the. City
Attorney) in the amount equal to the total estimated cost 0f tl c Plan r.
improvements plus a security requirement ol. in the ota amount
of' $161,610.00. 10.00. 'T'he City shall have the right to im m my against t} c
Letter or Credit all bills incurred d by they -lily with regard to the Plan B
improvements, however, ver, th City shall provide the Developer the
opportunity to pay 101 said improvements rovements as bills are incurred, in
cash, 1 than appmyiris, payments ors against the Letter of (,)
provided to the City, if a Letter or 'r'edlit is used in Ii :ti of a cash
escrow by the 1)cv loper. In such case. ll e Developer shall have 10
business clays from the time f' submission sion ol; the bill by the City tc
the Developer to pay to City such amount in cash so that the City
can use tlhe payment 10 lay the amount clue in lieu of cmr awifL, down
on the Letter of Credit or other escro w on rile with the City or oak
park m [eights.
C. Reduction of S
Developer may request reduction °It.11c Letter(s) of Credit based
upon prepayment or the value of' the completed Plan n 1
Improvements at the time or the re tccl r cluci on. 11-city
evaluations are requested, the Developer will be
responsible Car the. estimated costs incurred by the City For
perform ing tlhe add it lon zl cvaluatit lis. .1 < 1motift of red uction
will be determined by the City. In no cvennt shall the security
guarantees be less than five percent (5%) Oltlhe original sec urity
guarantees until ail Plan 13 Improvements have been approved and
I 0
Page 21 of 38
accepted by the City.
D. Plans and ,.. Specilic?jAions. The Developer shall be provided with
copy of the plans and specifications as prepared by the office or the
City 1-:m4ineer for the Nan 13 improvements and shall be allowed the
opportunity R coriil1]CI1t on same prior to f i n a l release o r the bid
specifications by the office or the City Engineer For purposes or
receiving bid on the improvements. m nts. The. Developers shall also he
notified of the bid opening elate and l the opportunity 10
comment on the fiefs received prior to the award of dic bid on the
Flan 13 improvements. The Developers inay recommend rejection or
al bids and the rebidding of the project or any portion there ;.
however, such recommendation is not binding ig on the City or Oak
Park Heights and the. City may award the contract based upon the
bids received if it, in its absolute discretion, determines that the bids
so received arc reasonable,
The DCVelOperS shall also he provided the opportunity (u request that
the City 1. ngirieer consider including certain air contractors that the
Developer might suggest to he added to the proposed bidder's list.
Final determination oI' the proposed bidder's list shall rest in the
discretion c.)r[he City Engineer.
Qwnership . 01 __r Jan 1-3 lmprovenNilts. A fl such improvements
constructed shall become the property or dic City or Oak Park
l !eights. The Developer shall dedicate to the City prior to approval
of` the final plat at no cost to 1h City {ill permanent and temporary
easements necessary ft ». the construction or such impro \'clnc is as
determined by the City.
F. Contricts, A11 such construction contracts as awarded by the City or
Oak Park Heights ights to construct the flan 13 improvements shall provide
for a guarantee or the workmanship and materials [or 1 period or one
year following the completion of construction .)1; the Plan 13
hprovements, All such contracts shall also conlorm to the
ordinances and specifications of the City in the construction of all
Plan 113 improvements. ' City assumes no liability 1r delays in
construction clue to any cause includir ; but not limited to non-
availability urconst.`uction materials and supplies,. inclement weather,.
acts of God, Acts 01 War or other causes beyond the City's control.
G. Change Order No chalqi order increasing the contract expense
11
Page 22 of 3
shall be aulho'] Cc1 by the City without firs[ notifying yin Developer cic per• o!'
the change.
I-1. Estirna The above estimates are engineering projections only,
DeVe lcope! . shall be responsihle for all actual expenses incurred in the
securing and installing of all Plan B improvements. The net hod o!x
calculation o such costs shall be as specified by the {ity Engineer.
Connection ... Charges. . All connection charges and ices shall be paid
by Developers. 'Hie City kngi eer shall compute the connection ctie n
as prescribed by ordinance/resolution as to this development
excepting Outlot and advise the City Clerk to the appropriate
lee to be collected, Connection fees for all lots and blocks are due
and payable upon execution (Willis agreement and cii`c s tcfllows:
Pine Grove ites
Sanitary Sewer 11,320,55
Water �` 1,94.4
Storm Sewer $ 24,c X5,05
'1'h _itv reserves the right to modify or adjust the manner or
computation o r connnection lees from time to time which may adjust
or increase the connection Ices on - udot A at such time as it become
due.
, . Cconnnection to City i .� 4` � y ieni This development has been granted
ted
peli ission to have a direct connection to the City 'Trail y {stc 1 t c +
located on its eastern border_ The manner, clot ik and location of the
connection shall be determined by the Director or public works for
the City, '1 ;he Developer per slhail coordinate construction activities
related to [lie: trail connection with the Public Worts Director.
r.
1 L-,ocation of Temporary Storm Water facilities on City
1)eveloper had earlier requested permission t o locate storm water
tc "
ponding facilities on City lands located to the north or this
development. Permission has not been n grant dl by the city to do so,
1:. Tree . - .. of - . rdifafc )Ii : _, See the tree list dated
{
5/18/05 !oi Pine c, .,.. Gardens.) Alter correcting the trice list fi r
species 00cl sizes which are not significant, the total count of
diameter inches of signil emit trees on site is 3023 in. The project
proposes to remove 1213 diameter inches of signi ficant gees,
12
Page 23of3
6. l:�l l.fll -.;
\vBich is 400` uF the total in. on site. The calculated tree
replacement required is 647 diameter inches. For removing lass
than o% o f the total, the project receives a credit of 10% of the
replacement inches required in.. The project proposes R) plant
278 diameter inches of replacement trees which are also credited
toward tree replacement. The final tree replacement required is
304 diameter inches. This totals 1 roxi (lately 152, ? in, diameter
trees. 1 r the project cannot plant the trees on sits, the developer
shall lay the cost. 01' replacement trees calculated at $50. per
diameter meter inch, This will be a total a cash payment of $15,217.00„
p a y a b l e into the city's tree planting tii fund and clue on execution 0
this agreement. The funds vvill be used to plant new trees
elsewhere within the city.
C S1.:I l:;i :ROW ACCOUNT, The Developer IhaIl provide a cash escrow
account to the City of Oak Park l lei;lits in the amount of `,000000.00 {.) to
reimburse the City or Oak Parklleights For previous billed expenses relating
to this development,
A. 1 ndinQ Effect. The terms and provisions thereof shall be binding
upon and inure to the I chef t or the heirs representatives, successors
and assigns of the parties hereto ii cl shall be binding.. upon all ruture
owners or am or an part or the SLibdivision and stall he deemed
covenants running with the land. I ciereiices herein to Developer, ir
there be more than one, shall mean each and all of them. The
Agreement, at the option or the City. . shall be placed on i "ecoid so as
t i { notice hereof. f. to subsequent purchasers and encumbrances 01'
all or any part o1 #the Subdivision and all recording lees, 11 any, shall
be paid by the Developer.
13. Final l Pl t Approv The City has given fjnal approval to the plat of
the Subdivision ision Pine Grove Gardens) upon execution and delivery of
this Agreement perform nce or all requirements of h approval, and
of all required documents and security, subject to compliance with
th Ordinances of the City and terms s and provisions hereof, permits
may be issued by the City.
C. Incorporation or Reference. All plans., special provisions, proposals,
specifications and contracts for the improvements cimments f urnni hed and let
pursuant 10 this greenicnt shall be and hereby are made a part or this
13
Page 24 38
/\ L,r ICfl I reference a Cully as if set out herein in Ball.
Specifically the lollowing Planning Reports and 1-:ngineering files
and final documentation approved by the City Planner and the City
1. ngineer are specifically incorporated d by reference herein and
included herein as if originally made part of this agreement.
. _ on esponcicnce From m B onestr Rosene and Anderlik dated
October 4, 2005
2. Correspondence From 1. one stroc Roselle and Anderlik elated
August I 9, 2005
3, May 5, 2005 NAC Planners Report.
4, :)akgrcen Avenue Utility Improvements Study C ctc. ber• 19, 2005,
I ()eicslroo Roselle Anderlik and Asso.
. , Minnesota r)c partri cnt off` Transportation letter or October 19,
2005 to Todd Nrie sore from lusty Nereng regarding Drainage
Permit it A ppli ation D.-05-110113.
1..), 1', .1:. Permit, The City or ()ak Park 1 le.ights shall file the Planned
Unit Development Permit of record in the office of the County
Recorder. der. 1 r• :ovvidl i ng that the Developer is not in default un cler the
terms or the Development Agreement, the City shall provide
1])pr opr i to releases to the financial a pects of same and
documentation to individual buyers or lots.
f. {. / \ dministrative and Misceli r cores Expenses. As to any and all
administrative, trat.ive, leQa1 or engineering costs vvhich the Developer loper is
expected to pay to the City of Oak Park Heights, which costs may be
offset et against the 1,ctter•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 or Oak Park Heights to the Letters of
.. for the payment of same. e. 1hc)uld the Developer dispute the
rcz.t.-;onableness or 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 pail for by
Developer.
F. Establishment of C � r ti Schedules. The City Engineer ineer Ir ell
establish construction schedules for Plan A and Plan 13 improvements
v rmler is
and shall consult with Developer prior to establishing san e.
G. Zoning. "Pine Grove Gardens" °' has been designated a zoning
14
Page 25 of 38
cl .tssil cation of PHD .}HD by (he City Council. All future use and
development shall comply \+k?ith the applicable provisions of the
relevant .onning ordinance or the City of O=ak Park I lci lets relating
thereto, Lot 1, Block i, Pine Grove Addition shall remain oiled "0"
.porn pace_ -- conservancy. ncy. , 11 drainage and ponding areas provided
in Lot I Mock ) shall be preserved crve d y casement l.or, the benefit of
the overall development rmmcnt and shall be maintained to City standard by
the developer or homeowners association. No hit development
01 the balance or Lot t I Block 6 shall proceed until the pity has
taken a lirial position on the St. Croix lei \{cr Crossing 1 11-1
project.
1 1 . Pri\ {etc /l ntcr: - Gr _d s. The grades of all internal streets shall
not exceed ` , EU1i(.1 the minimum grade shall not be less than ,5%. All
internal streets are designated, designed and intended to be private
streets. All present nt aid '.itwe homeowners should expect tlhat the
i n t erna l str \ eill remain private and that there w in b e no transft o
ownership or responsibility ( these streets to the ._pity or Oak Park
1 !eights at any time.
1 . L of 1 Block . line Grov,e Gardens, All drainage and pond ng areas
provided in Lot 1 Block 6 shall be preserved by casement or
dedication For the benefit or the public uiel this development and
shall be maintained to City standard by the Developer until the City
s
1:sri ;inecr certiflcs the project ct ha4 been completed and the warranty
ranty
period liars expired, No rurther development of loot shall proceed
until the City has taI en a final position itionl on the St, Croix liven
Crossing x,11 = 4) project. Until such time as the City takes a final
position on the St, Croix liver Project the Developer elol er lhall retain
marketable title in 1,ot 1, Block 6 in its name exclusively. Should
any portion of the loot he acquired by or on lhcir behalf' the
Minnesota 1._ ep •tmcnt o!' Transportation the Developer shall be
allowed to request and apply for further development of the lot to
the City excepting ting those portions set aside for Drainage ain a ;e and
Pondiiig areas as required by this agreement. As to those Drainage
c
and l-'c)fclirlt areas they shall be conveyed by case lent t o the
Homeowners ncr's Associationn upon execution 0!' this Developer's
Agreement. The 1 lorneowners Association shall be responsible for
the permanent nit upl cclp and maintenance of the Drainage and
P()fding Arca to City standards after the Development has been
completed as certified to by the City 1 - 7..n incci• and the vvari-anty
Page 26 of 38
period I ii the Developer Under agreement has expired. Failure
to i nntatri the drainage and ponding easement v i11 result: in
application atiorn to the security provided under this agreement by
Developer or certification or the costs 10 restore the easement to the
City's specification under the :it ' Storm Water Utility.
J. Developer has requested permission n to build a model
home/structure upon the property prior to the time that flan 1
improvements will be coristr rcted. All such construction shall be
regulated and firmed under the supervision of the City l= . ;rlginecr and
Building inspector. Developer r urnderstands that he is proceeding dinn at
his own risk in this construction ail that any additional expense
including those incurred as a result of errors in elevations or the
need R) move ser\ nec's p LImbing for city water mid sewer
connections shall be at his expense, alone.
1 � .I j t r . nipose 1. The City Council has i iiTused the l l lc N }i n ;
i_�
conditions as a requirement cnnt 0f permits granted this project:
t:
'l - lie final plat shall be subject to any comments or
requirements imposed by the City En incci' and (.Fits Attorney, 'I'I e
City Attorney shall provide co m 7ment and recommendation oor1 the
proposed separate cl vc:Iol at le parcel designated as an Oudot., with
recommendations 10 be incorporated into the development
agreement. All drainage and ponding areas provided in tile _ utic t
shall be preserved by casement or otherwise for the benefit of the
over development and shall be maintained to City standard by the
developer or homeowners association, No further devel opnlcnt of
the Outlot shall proceed until the City has taken a final position ition on
the St. Croix River Cr•ossii1., T11 :36 project.
2. The applicant licant sIr all be required to pay a cash park
dedication lee basal upon the requirements of Section 402,08 of the
S u b d i v i s i o n Ordinance. I
:3. Tile City Council is agreeable to allowing encl
01 decks into the required setbacks, as provided - or. on a flan
approved y City staff.
City has accepted the Purchase Agreement price as establishim4 lair market value purposes of computing
the Park dedication Fees.
16
Page 27 of 38
4. The Police Chief - and Fire Chief' stall comment on the
accessibility or thc project for emergency vehicles.
5. '1 he proposed seel trail locations and applicant's esponsibilit f
i 11 construction costs shall be subject t o review and approval by the
City Council.
6. The applicant shall submit a snow v re 7e val plan that shall
be subject to the review and approval of City staff.
7. The applicant 1icant shall provide updated grading, drainage and
utility plans to the City reflecting the revised concept/general plan.
All l fin }aI grading, drainage and utility plans shall be subject ct tc the
review and 11)1) Ov 1 of the City Public Works s l.: irector and City
. 111c1 review or the Middle St. Croix Watershed L istri t.
8. The aPPlicaul shall Provide ul dated 1anndscal e and tree
prcServatiOn plans to reflect the revised site plan. `1'he. final
landscape plan and tree preservation plans are subject to review and
1I)1 oval of the City A rborist.
9. The applicant ant shall provide a photometric etric plan ror the
project sub ect to City stall review and approval.
10. Architecture or the project. The sidin , materials shall be
steel, concrete masonry board, or an equivalent llat'.I'ii 1a
1PP] ved by City COuncl l .
1 I. }.A development ment agr em nt shall be required subject to
review and approval of the City Council and City Attorney.
y.
1. The homeowners association documents and declarations
shall be provided to the }ity Attorney for his review and approval.
1 : . The concept/general p l a n shall be revised to comply l { vith
the setback provisions 01 the Wetland Ordinance, subject to review
and approval or the City 1'1ngiacer.
The applicant has suppliec1 a materials board which has been approved b the cit l0 speei t f the siding an d
architectural Features
Page 28 of 38
TRL52Lit-4 wrifism co_ JALt_mL)_____to9C
;1.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly
executed on the date. and year first above written.
h) the presence of:
Page 29 of 38
In the presence of
1
OTY Jivpm< PARK44mcarrs
David 1 etitill&I
Mayor
19
( ..<7 ., '
- t-:'
----,,,,
r; Johnson
4ministrator
1
Oak Par P I,I,C
---
1 3
its
By
Its
- ,,,,, •-••••
1 T t 1` - ;} OF MINNESOTA
[w
s
COUNTY F WASHINGTON)
_ n this 1 Lt - f ' " cda f of May, 2006, befbre me a Notary Public, within and for said County
personally apppeared David f c udet and Eric Johnson, t o me personally 1 no n, being each by - c
duly SWOrl1 did say that they are respectively the Mayor and the Administrator of the City of Oak
Park Heights, the municipal corporation named in the - fbregoing instrument and that the scal affixed
to said instrument mennt i the corporate orate seal of said corporation, tion, an d that said instrument vas signed and
scaled on behalf of said municipal corporation or - ati n by authority of its City Council and said Mayor and
Administrator acknowledged saki instrument to be the free act and decd of said municimIl
corporation,
JULIE . JOHNSON
NOTARY PUBLIC - MINNESOTA
d,)rf My Commission Expires Jan, 31, 2010
STATE l`l.f r+' MINNESOTA
;.
c :)IJNT ' - F WAsl 11 NGT - N
l � t rf�I.
On this f.:._:.;-- ` . 1a or I . , 06 before me a Notat Public. within and or said c y
unt
personally appeared Li f -(.:' i and •..••••......• to Inc
personally known, {nn, I eing each by me duly S ON d id say that they are respectively the
1 '' 4•' { , , - k" 4 11 -- .__...._ v..._ c Oak Park Heights c; l i c� i � i -, I -1; , i named
cl
in the foregoing instrument; and that the sc l a `1`Excd to said instrument is the corporate. seal of saki
Limited cl liability Company, .)i I that said instrument Was signed 1I1c1 seal. l on behalf of said
Limited 7.fi hility Company by authority of its Board d of Governors m d said :•,...±;.,,......(j i'. ,.4R,/ f and
acknowledged owledged said instrument to be the free act and dccd of said f.fl .C.
' � f
JULIE R. JOHNSON
•
N TAB Y PUBLIC - MINNESOTA
My CommissiOfi Expires Jar , 31, 2010
38
r
ir
Nol y 1
(/'(
fr , fi ,, il 1.-- .',..../. , /— ,
Notary 1'ublici,.
TI IN f1ThR13 11,N 1 WAS DRAFTED .Z E1_. BY:
Mark J. Vier ling
Nc1 be g, Lammers, crs, l ri ,gs, Wolff
ierling,
1835 a l - N Nycsl1 1 Avenue
Stillwater, MN 55082
(612) 3 --2 7
Page 3lof3
(Washington C-ounly Geo. Code 04.029.20.22.0010.)
See1-04 Twp-029 Range-020 PT NW1/4-1\1W Uzi 042920 131:.',G Al ' SW COR OF SD TRACT
f 'I IN E & PAR WIT 1-1 1 i_ }lNL OF SD TRACT DI .1.. OF X1 1. T1..1N N . PAR +'J'1 1 -1 rf'
F SD SEC4 J.. 1S"1; OF 2101'1' .i.i..IN W & PAR TO N LINE: OF SD S12,(%/1 1. 1t '1' 1'' 4291'T TO
w OF SD J: 4 ..1.1..IN N W i_ 7? I1 ={1 01' I , }.:C4 SF.:C4 1 I. "I# OF 21 01'1'1.� t. - PT OF BE.:;
Page 32 of 38
1i' i 111-3 1 " I
LFGAI, l Fsc iPJ'1 N
PLAT ? NC
xi . 1:F, GARDENS
38
CITY C7- -11,,01 I ,I T FOR DA SIGNING
1. Developer's Agreement will need to be signed in triplicate.
2, Attach Legal from Plat ibr 1:,xhi it
3. Plat
4. Letter r firm City Attorney approving home owners association documents
5. Park dedication lee $91,000.00 subject to $9,000,00 offset See Page :3 Pai a 1..1
6. Water Management Org approval
7. NDO'r 1 sett r Off' I)1 rovai
Ownership nersh it Lien and encumbrance e 'effort - To be approved by City Attorney
9. Plan A L C-$ 92 1.00
10, Plan 13 LC C S 161,6 10.00
1 1. Cc)flflC tiofl Fees
a. Sanitary $11,320.55
b. Water $19,694.40
c. Storm Sewer $24,935.05
12, 'Free Replacement Fees- $15,217.00
.00
13, Cash .N,scrow-Administrative Supervision of l roicct $5,000,00
14. Building Depa uiT)cft- checklist items
15. Utility Department checklist items
16. Finance Department nt checl li t items
'NW Onivab
TO; City of Oak Pa.rk "eight ("City')
Dear Sir or Madam:
dan
We the account � i - Oak Park Heights _s 7 � � � � � '1 � �3 � a
hereby issue, for the ac ount os C ak 'ark . Heights �. evelop }meat 1. I1 ., a Minnesota
liability company ("Developer"), and in your ihvor, our krevocabIG Standby Letter of
Credit in the amount of Six Hundred Ninety Two Thousand Nine Hundred Twenty One Dollars
($692,921.00), available to you by your draft drawn on sight on the undersigned ed ban1 .
Page 34 of
The drat must:
i RE VO CA BLE STANDBY LETTE OF RED k •,
a. Bear the rim w.i,e, "Drawn am er Le t of �'*edi �� xf} ' yr r+"=. ".'-:c affective Je a. 1
•x rs �f "�+�.• ,No. w �� �: kw ti�,•�{ �.��'�}ti�� � � L+ y �f
k '
17, 2006, , cif Central Hank;
b. Be signed by the Chairperson or Clerk of .1h. e Oak Park Heights;
c. Be presented .r or paymenrt. at Central Bank, 2270 Frontage ] oad het, Stillwater,
r,
Minnesota 55082, on or before 4 :00 p.m. on May 17, 2007.
1 � l • fX f� Credit * S!Y + �� a r \'��f, r�, v.l�] w �e lull F 1 t understanding r� � 7` {��'rl �1* e-1 v���S .' �4 3 � i f* issued �1� ��`!a } t,1 r that
��
This t,t .w1 f Credh .t1 fcn.Lii �l lull OW . unde t t.andiai mad i� ",� rsua ; t t.ihc
certain Development Age ;e z .m not between the Developer and the City, dated
and shall not in any . way be modified, a tmpli f ied, or limited d by reference t any document,
instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Leiter of Credit. More than
r
cr draw may be }kka1. under i 1"Y e ' c:- llrCredit.
r�7'4fl f fl; � T'4'} #5� 1'�f:� made lt7'�} �* this J_lLJ4�lrJ �1.i.
Unless we so notify you in writing before April 17, 2007, this Letter of Credit. shall
automatically renew for an additional 12 months in the amount 'hen outstanding.
This Letter of Credit shall be ov me by the laws of the State of Minnesota as
supplemented (to the extent consistent with this Letter of Credit) by the most current provisions
of the Urli o un Customs and Practices for Commercial Documentary Cr cht, , i n t e r n a t i o n a l
Chamber ber o f Commerce P: l ca 0
k �i f � F "4 � -. ��/ s �'t \ { agree 7 ' �x +.? �'\ f � � a draft drawn }• f J '� 1 f 1 ? } � t "i � `} .1 } • : } ? "} l' } 1 �" 1 f` i l ff � � t'� 3 � ti i '• i� 4 � i i 'F'; - j' F S + 4� L � - of � �; ,
�'y L , �.ea.,b agL e ha a dr a�'ro t! k - -de]. z•Ind l�r co #l. p 3ir nc +s rt,t 1x�� i" U r of CrLd iz
shall be duly honored upon presentation.
J11 {,:iw 4.f .�. #1 AJ 2 /1Jl1
THE 0 .1 .. _TOWING PAGE IS THE I NAT R E PAGE.
iv It'
Date: LI TCCIPIC May 17 2006
This 1s the .;.ignsitture gc,- to that cevtan Irrevocable Standby I.,etter of Credit in. the
amolEnt Stx.. riundre.,d Nty Thnusand Mae, Twcaty One Da
liars
($692,921..00) and dated effective May 17, 2006,
Page 35 of 38
Central Bank
(a Minnesota banking corporation)
T3y: , .1-
/
„J./
2
:;cott W. Faust
s: President
TO: City y o f Oak Park Heights " ,.it ")
Dear Si r or Madam
Page 36 of 38
The draft must:
IRREVOCA.BLE STANDBY LKIITER OF CREDIT
f t a 3 () N ri S'''' )C
i e signed ned b y the Chairperson or Clerk of the O ak Park Heights;
ght;s;
THE FOLLOWING PACE IS THE SIGNATURE PAGE.
No. i;4' I ed
Date: Effective May 17, 2006
We hereby issue, for the c ; unt of Oak Park Heights Development LLC, a Minnesota
limited liability company ("Developer"), and in your favor, our Irrevocable Standby Letter of
Credit in the amount of One Hundred Sixty One 'Thousand and Six Hundred Ter] Dollars
(S161,610,00) available to you by your draft drawn on sight con. the undersigned bank,
f 4
} o
Berg the clause, tlt "Drawn li e ' ;T "fir'?{' kcd effective May
{S.
'Bear L��w1 _�- .+,_max , a 4+ ♦�� =a a.1'ti.J ..t .� . of o � ���ixw� • } �-. , G ee �. .�+� t. t, .. L' ., �. }
.1 7 2006, (X of Central Bank;
c. Be presented for payment at .', uu as ]_ink., 2270 Frontage Road West, Stillwater,
Minnesota 55082, on w before 4:00 p.m. on May 17, 2007.
'1i7.•+ 3 1 1��1'r'ai {\ / ` Maw �` �� forth -F�Y1 � - 41y. +t*ti ���k ..�� l /�• f4' Fif 'r \ issued 5'fY.�!'� 1 `I'('S \lf \T"F� i' that
hi x,'tt � (. *{IC sht fort i r�.� s z. ric :i s�andin J and is i sued pu q ua }s t i Eha�.
certain Development A, ree nt 'between the Developer r .rnn d the City, dated
and shaUU not in any way be modified, <.1 lifi c , or Iii nits d b y reference to any document,
insirument, or agreement, en.t, whethher or not referred t o herein,
? This i.,, tt. r of Credit is not assignable. 'This is is not a Notation Letter of Credit. Marc than
!�'1's fl e`Y 1 *r }�Y7 '4 i'i r4�F � r\ made under this Letter � l� Credit,
\Jxa1.r t� ,� �'1' �]xa�, be rna .fie under 4his L tt r .i. -,redYt,
U iiless we so notify you in writing before April 1.7, 2007, this Letter of Credit shall
automatically renew for an additional 12 months in the. amount t t: en outstanding,
This L..,cttcr o f Credit shall be governed by the laws of the State of Minnesota as
supplemented (to the extent consistent with this Letter o ' Credit) iit. by the most current provisions
of � Uniform Customs �' .� [' r Practices � t„ -w 1, s Documentary r � International
t Uniform C tom, and �� rac :i eis for :.omme,r ia1 )o umcntary Cr flits,
1 -� -,,,7 of � fR I e e Publication o. 500.
�� w? i'l. 1. �r'i' �J .•�11. 1. l ��. � xr'l�o� .4 1.
'We Fs t' !� *r_1 i� \� }�3 }'s:�Y� that a draft drawn ti �1�S r'� 4 }� , ��. � �., � .�
e hereby a r et that a d ,a .~t d .ca rx' A under ,?,.;. :n ea;ilpIhn c + +'�� x. i; . o ..} tL ' r:,: chit
'+ r) � � be duly J � 1-t !t rl �-1 -s r upon �t -+ S 'y f} ']
s 11 be ul honored upon � res ntation.,
',Phis is the signature page that certain Irrevocable Standby Letter of Credit in ale
artic, of Orfe Hundred SkKty One, Thousaud Six Hundred tief,T Dotiat• ($161610.00 and
dated effective May 17, 2006.
Page 37 of 38
Central Bank
(a Minnesota banking c,Ti
t.
/
//,
By: r
ott F'aust
rts: President
2
w
OAK PARK HEIGHTS DEVEL P ENT LLC
6 ?50`5'1 i[_E,'Jf4 r ( VD.
11.t.WA1 0, ,. MN 5!3082
PAY TO THE
,0 R p E
FC
tam ntr1
Bank •
Page 38 of 3
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'( G750 TkL LWWATE:U..8LVO . _
S T iLLWATEftt MN 55 4012'
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