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Pine Grove Gardens
RECEIVED LIN Central JAN - 81009 - Bank ..„. (:), .. ,/, s .7 Coon Rapids AMENDMENT : - ° Coon Rapids, 55433 IRREVOCABLE LETTER OF�6REWT .316 ,a � � (763) 780 -0484 / I1 _......./ Fax (763) 783 -1863 V '_ November 24, 2008 ,/� °I9 4Eit Eden Prairie O I/ 6640 Shady Oak Road ' Eden Prairie, MN 55344 City of Oak Park Heights Al 944-6640 Fax 944 -3696 14168 Oak Park Blvd. .., Oak Park Heights, MN 55082 C k � s t n ot Re: Letter of Credit #3162 Q O Golden Valley v 945 Winnetka Avenue N Oak Park Heights Development, LLC Golden Valley, MN 55427 (763) 545 -9005 Fax (763) 545-6663 Dear Gentlemen /Ladies: Please accept this letter as an amendment to our Irrevoc a Lette Credit No. 3162 for $10,000. The maturity date is being amended from Decemb'31,2008 St. Michael to June 30, 2009. 750 Central Avenue NW St. Michael, MN 55376 (763) 497-3114 Fax(763)315 -8958 All other terms and conditions of Irrevocable Letter of Credit No. 3162 remain the same. (kc Stillwater / t 2270 Frontage Road West r ;` P.O. Box 225 Issuing Bank: Central Bank Stillwater, MN 55082 i / Fax(51)31 -1 /u Fax (851)351 -1550 A i ; By: i Scott Faust , , Branch President White Bear Lake 3670 East County Line N White Bear Lake, MN 55110 (651) 426 -2554 Fax (651) 426-6348 Website www.centralbnk.com A Equal Housing LENDER Member F.D.I.C. el: nEc - I Central Bank Coon Rapids AMENDMENT 3585 124th Ave. NW Coon Rapids, MN 55433 IRREVOCABLE LETTER OF CREDIT NO. 3162 (763) 780 -0484 Fax (763) 783 -1863 November 24, 2008 Eden Prairie 6640 Shady Oak Road Eden (952) 9 4- 6640MN 55344 City of Oak Park Heights Fax (952) 944 -3696 14168 Oak Park Blvd. Oak Park Heights, MN 55082 Golden Valley Re: Letter of Credit #3162 945 Winnetka Avenue N Golden Valley, MN 55427 Oak Park Heights Development, LLC (763) 545 -9005 Fax (763) 545 -6663 Dear Gentlemen /Ladies: St. Michael 750 Central Avenue NW Please accept this letter as an amendm t to our Irrevocable Letter of Credit No. St. Michael, MN 55376 3162 for $10,000. The maturity date being amended from December 31, (763) 497 -3114 Fax (763) 315 -8958 2008 to q09.- Oim ^ ( ' y I All other terms and conditions of Irrevocable Letter of Credit No. 3162 remain Stillwater the same. 2270 Frontage Road West P.O. Box 225 Stillwater, MN 55082 (651) 439 -3050 Fax (651) 351 -1550 Applicant: Oak Park eights Devel.• - White Bear Lake By: -- " 101• 74 2 .116. sik.7 3670 East County Line N Gregory A. o • White Bear Lake, MN 55110 on (651) 426 -2554 Fax (651) 426 -6348 Issuing Bank: C : ntral. Ba Website ""^4.centralbnk.com Scott FaUSt F' Branch President Equal Housing LENDER Member F.D.t.C. __ f , City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 November 18, 2008 Mr. Greg Johnson Oak Park Development / Pine Grove Gardens 6750 Stillwater Blvd. N. Stillwater, MN 55082 RE: Pine Grove Gardens Dear Greg: Pursuant to our discussion of Monday, November 17th, 2008, the City at this time is in need of your lender to amend and extend the current Letter(s) of Credit to reflect a revised total amount of $10,000.00 to a date not sooner than December 31st, 2009. This amount secures: 1. Completion of the asphalt lift needed. 2. Providing copies of the final and implemented homeowner declarations and covenants. 3. Full "as- built" drawings of underground utilities - in digital format and fully compatible with the Washington County Coordinate System. (This may allow the City to assist these residents in any future sanitary or water utility issues, such as in the case of the recent sewer blockage, i.e. it is good to know where these lines are.) Upon the satisfac •ry completion of th e, assuming there are no additional Development . • r: "ment items at r in incomplete of which at this time I believe there are none, - City i I rele se is ,000.00. ______, Please have yo r lende at Central Bank givo e a call at the above number or provide to me a draft fo -view. g II in • -d of thi- $10,000.00 LOC not later than Dec 5th, 2008. Re gar 40 i Eric Joh on City Administrator Cc: Judy Hoist, Finance Director Scott Bromelkamp, Central Bank Weekly Notes f I m i1 City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 October 3, 2008 Mr. Greg Johnson Manchester Homes / Oak Park Heights Development 6750 Stillwater Blvd. No. Stillwater, MN 55082 RE: PINE GROVE GARDENS Dear Greg: The City wanted to provide to you a reminder that to date this project is not complete, (final lift of asphalt) nor is the City in receipt of the following items as required per the Development Agreement: 1) Full as -built drawings of items installed in the public right if way - in digital format and fully compatible with the Washington County coordinate system. Please provide these to Dennis Postler. 2) Snow removal plans. 3) Copies of the final and implemented homeowner declarations and covenants. The City does require that these be completed not later than Oct 31St, 2008. Should these not be completed by such date, the City will withdraw the balance of funds from the posted Letter of Credit and will hold such funds until all elements are completed. Please give me a •all •t your earliest opportunity. ' egards, Eric •� .• y Ad istrator Cc: Scott Bromelkanmp, tral Bank Weekly Notes Judy Hoist, Finan ector r— , , City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 August 27, 2008 Mr. Scott Bromelkamp Central Bank 2270 Frontage Road West PO BOX 225 Stillwater, MN 55082 RE: LOC: 3161 and 3162 - G. Johnson Dear Scott: Per our discussion of today, the City of Oak Park Heights does not release the above letters of credit. These amounts remain $5000 and $10,000 respectively. At this time the City is awaiting the full compliance of the four items as outlined in the December 10th ,2007 letter. I have attached same for your reference. Should all of these items not be satisfactorily completed by Dec 1st, 2008, the City will draw upon all or a portion of these funds and will hold until all projects are completed. If you would contact Mr. Greg Johnson and advise him that it is the desire of the City that he complete these items in a timely fashion as we would prefer not to implement any such draw. Regards Eri• 0 • y , •min trator Cc: Judy Hoist, Finance Director ECKBERG LAMMERS ►�i ATTORNEYS AT LAW Stillwater Office: 1809 Northwestern Avenue Writer's Direct Dial: Stillwater, Minnesota 55082 (651) 351 -2118 (651) 439 -2878 Fax (651) 439 -2923 Writer's E -mail: mvierling @eckberglammers.com Hudson Office: January 15, 2008 2417 Monetary Boulevard Hudson, Wisconsin 54016 (715) 386 -3733 Eric Johnson Fax (651) 439 -2923 City Administrator City of Oak Park Heights www.eckberglammers.com 14168 Oak Park Boulevard North Oak Park Heights, MN 55082 Re: Pine Grove Gardens Development Declaration and Governance Documents Dear Eric: Thank you for forwarding to me the governance documents from Pine Grove Gardens. We have reviewed same and compared same with our file as against the original approvals. At the time of approval by the City Council, this office required that certain priority provisions be placed within the governance documents to assure that the Development Agreement would be granted priority over all other issues between the owner and the developer to the extent consistent with their positions and be enforced. To that extent, Paragraph 7.14 was added to the declaration document which provides as follows: "The property is subject to that developers agreement by and between the City and Oak Park Heights Development, LLC (the Developers Agreement) which imposes certain conditions and obligations relating to the development, use and maintenance of the property. To the extent any provision in the governing documents conflicts with any provision of the Developers Agreement, the provisions of the Developers Agreement shall control." I am satisfied that the provisions inserted within the appropriate gove 1. • - - :: - ents will secure the interest of the City and, other than to assure that these are t • nal documents t at were signed and recorded, we have no further objections to the documen : • s provided. Yo very truly, Mark J. Vierling MJV /sdb ECKBERG, LAMMERS, BRIGGS, WOLFF 6 VIERLING, PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation -` C JA" - Bank Coon Rapids AMENDMENT 3585124th Ave .NW IRREVOCABLE LETTER OF CREDIT NO. 3161 Coon Rapids, MN 55433 (763) 780 -0484 Fax (763) 783 -1863 December 18, 2007 Eden Prairie 6640 Shady Oak Road Eden Prairie, MN 55344 City of Oak Park Heights Fax (952) 944-3696 14168 Oak Park Blvd. Oak Park Heights, MN 55082 Golden Valley Re: Letter of Credit #3161 945 Winnetka Avenue N Golden 99005 N 55427 Oak Park Heights Development, LLC Fax (763) 545 -6663 Dear Gentlemen /Ladies: Please accept this letter as an amendment to our Irrevocable Letter of Credit No. 750 l 3161 for $20 St. Central NW ,000.00. This letter of credit #3161 does not automatically renew. St. Michael, MN 55376 The new maturity date is December 31, 2008. The amount is being reduced by (763) 497 -3114 Fax (763) 315 -8958 $15,000.00 for a new total of $5,000.00 All other terms and conditions of Irrevocable Letter of Credit No. 3161 remain the same. Stillwater 2270 Frontage Road West P.O 5 Issuing Bank: Ce tr- Ba Stillwater, MN 55082 (651) 439 -3050 Fax (651) 351 -1550 By: Scott W. Faust Its: Branch President White Bear Lake 3670 East County Line N White Bear Lake, MN 55110 (651) 426 -2554 Fax (651) 426 -6348 Website www.centralbnk.com Equal Housing LENDER Member F.D irri JAN -S Central Bank Coon Rapids AMENDMENT 3585124th Ave. NW IRREVOCABLE LETTER OF CREDIT NO. 3162 Coon Rapids, MN 55433 (763) 780 -0484 Fax (763) 783 -1863 December 18, 2007 Eden Prairie 6640 Eden Prairie, rie�MN 55344 City of Oak Park Heights Fax (92) 944-3696 14168 Oak Park Blvd Oak Park Heights, MN 55082 Golden Valley Re: Letter of Credit #3162 945 Winnetka Avenue N Golden Valley, MN 55427 Oak Park Heights Development, LLC (763) 545 -9005 Fax (763) 545 -6663 Dear Gentlemen /Ladies: Please accept this letter as an amendment to our Irrevocable Letter of Credit No. St. Michael 3162 for $40,000.00. This letter of credit #3162 does not automatically renew. 750 Central Avenue NW St. Michael, MN 55376 The new maturit y date is December 31, 2008. The amount is being reduced by (763) 497 -3114 Fax (763) 315 -8958 $30,000.00 for a new total of $10,000.00 All other terms and conditions of Irrevocable Letter of Credit No. 3161 remain the same. Stillwater 2270 Frontage Road West P.O. Box 225 Issuing Bank: Central Ba Stillwater, MN 55082 (651) 439 -3050 J Fax (651) 351 -1550 By: 7 Scott W. Faust Its: Branch President White Bear Lake 3670 East County Line N White Bear Lake, MN 55110 (651) 426 -2554 Fax (651) 426 -6348 Website www.centralbnk.com Equal Housing LENDER Member F.D.I.C. a> ` a City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 December 10, 2007 Mr. Greg Johnson Manchester Homes / Oak Park Heights Development 6750 Stillwater Blvd. No. Stillwater, MN 55082 Dear Mr. Johnson Per you request, the City is hereby able to reduce the two outstanding letters of credit in the following amounts: The current Plan A, LOC # 3162 from Central Bank is $40,000. The City is able to release 75 percent of such funds, leaving a balance LOC requirement of $10,000.00 The current Plan B. LOC # 3161 from Central Bank is $20,000. The Citv is able to release 75 percent of such funds leaving a balance LOC requirement of $5,000, 40.41,F-'4':',' , ' x ' i z�' d F � i i 7 j { �' 1t , ', v, : tt i . " .L t ` 1 ' � 1" k 1 ,.. ? 4'., _., ' _, 8 . , , 4 '' -,, ',_ , `'',,.))! 4 a ' 1�s To date the project is not complete, (final lift of asphalt) nor is the City in receipt of the following items as required per the Development Agreement: 1) Full as -built drawings of items installed in the public right if way - in digital format and fully compatible with the Washington County coordinate system. Please provide these to Dennis Postler. 2) Snow removal plans. 3) Copies of the final and implemented homeowner declarations and 'o venants. h- p •' - , progresses should you wish further reductions please let me know. 'c =el, j c . nson i dmi nistrator Ci : Judy Hoist Mark Vierling Todd Erickson, FFE 1 CI T}i OF QAIK ERIK HEIGHTS x k 741 O Park Boul N • P Q , B ox 2O • oak P ark Heig MN' 55 3 007 • Of fan: 6511439 4439 • Fax 651/439 -0574 April 6, 2Q Scott W Faust Branch President Central Bank 2270 Frontage koad West _ Stillwater, MN 556 2 ' Dear Mr. la aunt. T,he' of Oak I'.ark Heights ha.s been issued a Standby Letter of Credit Arnenthnent No 3161 for the account of 04 Park Heights - Development LLC, effective date lovena�bet 2$,2006. } This Letter of Credit states unless the City is nptified in writing before Apri 1 7, 2007 this Letter of Credit shall automatically renew for an &idrtionul 12 months' ri the aniountr then .outstandi ig . The City was iiot noti ed of t t e rm ination of this. Letter of edit, _ ' z , _ : ' s , ., _- : , the efore, the City renewing for the g this Letter -of Cred No 3.161 in the a cowl t of $20 000.00, account of;Oak park Heigh - Development LLC. for an ;additional 12 months fr-o r April' 17, 2007 sincerely, Judy L Hoist Deputy Clerk/Finance Director - i CO: ., Erie Johnson City Adiuistrator _ Mark Vierlirig, City Attorney <. Todd Erickson, FEE Car Johnson, Mai'ichester Homes / jak_Park Heights Development Tree city U S A: IRREVOCABLE STANDBY LETTER OF CREDIT AMENDMENT No. 3162 Date: Effective November 28, 2006 TO: City of Oak Park Heights ( "City ") 14168 Oak Park Blvd. N PO Box 2007 Oak Park Heights, MN 55082 Dear Sir or Madam: We hereby issue , for the account of Oak Park Heights Development LLC, a Minnesota limited liability company ( "Developer ") and in your favor, our Irrevocable Standby Letter of Credit Amendment ( "Letter of Credit") in the reduced amount of Forty Thousand Dollars ($40,000.00), available to you by your draft drawn on sight on the undersigned bank. The draft must: a. Bear the clause, "Drawn under Letter of Credit No. 3162 dated effective November 28, 2006, of Central Bank "; b. Be signed by the Chairperson or Clerk of the City of Oak Park Heights; c. Be presented for payment at Central Bank, 2270 Frontage Road West, Stillwater, MN 55082, on or before 4:00 p.m. on May 17, 2007. This Letter of Credit sets forth in full our understanding and is issued pursuant to that certain Development Agreement between the Developer and the City, dated by reference to any document, instrument, shall agreement, whether or ot referred to herein. limited not in any way be modified, amplified, or This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. 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 then outstanding. This Letter of Credit shall be governed 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 Uniform Customs and Practices for Commercial Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in with this Letter of Credit shall be duly honored upon presentation. THE FOLLOWING PAGE IS THE SIGNATURE PAGE. Centra , k (a Min esola banking corporation) tie By: , d % , I F S I tt W. Faust, Branch President This is the signature page to that certain Irrevocable Standby Letter Amendment in the amount of Forty Thousand Dollars o Credit November 28, 2006. ($40,000.00) and d dated 2 � 5 IRREVOCABLE STANDBY LETTER OF CRED A MENDMENT No 3161 Date: Effective November 28, 2006 TO City of Oak Park Heights ( "City") 14168 Oak Park Blvd. N City") PO Box 2007 Oak Park Heights, MN 55082 Dear Sir or Madam: We hereby issue , for the account of Oak Park Heights Minnesota limited liability company ("Developer") Letter limited Bait p y «( "Developer) and in Development a Standby Letter Dollars Amendment (Letter of Credit ") in the reduced favor, amount Irrevocable Tw n undersigned ($20,000.00), available to you b y your draft drawn bank. f Twenty wn on sight on the The draft must: a• Bear the clause, "Drawn November 28, 2006, of Central Bann ". of Credit No. 3161 dated effective b• Be signed by the Chairperson or Clerk of the City of Oak Park Hei c • Be presented for - - - - ghts; payment at _ -- - Central Bank, MN 55082, on or before 4:00 May 17, 2007 Frontage Road p.m. on May . West, tillwater, Letter etter of Credit sets forth in certain This Let full our understanding and is issued pursuant to that Development Agreement between the Developer and by reference to any document, inane d h or not in any the City, dated y way be modified, amplified, or e imited agreement, whether or not referred to herein. This L etter of Credit is not assignable than one draw ma be made under this tter o f Credit not a Notation Letter of Credit. More Unless rene w s f notify you in writing 1before April this Letter of Credit shall additional 12 months in the amount then outstanding. Letter This etter of Credit shall be supplemented e t t the extent shall by the laws of the State of provisions of the Uniform Customs and Practices Letter of Minnesota as International Chamber of Commerce Publication No. Credit) by the most current for Commercial Documentary Credits, 500. We hereby agree that a draft drawn be duly honored upon presentation under and in compliance with this Letter of Credit n r THE FOLLOWING PAGE IS THE SIGNATURE DEG - R " Central Bank (a Minnesot anking corporation) By: , 1 7145 2 cott W. Faust, Branch President This is the signature page to that certain Irrevocable Standb Letter in the amount of Twenty Thousand Dollars y f Creed ($20 November 28, 2006. ,000.00) ) anod dated 2 • l , C Of Oak Park 'Heights 14168 Oak Park Blvd . N • Box 2007. Oak Park H 53082 .:Phone (65I) 439 -4439 • Fax :(651) 439 0574 December 15th 2006` . . Greg' t� Manchester Hgmes / Oak Park Heights Deve'lopitient . • - 69'50: Stillwater-B1vd- No , Stillwater, MN 550$2 Dear Mr Johnson t am Jr1 receipt •of the letters. of Credit as butlmed below and are satisactory The urr s Plan. O' 316 '' Cen + B . is 275 0 6. .! 00. The C`� is able to rele ' a 8 ttix.85 4 e ercen.t of • Y suc1i _ds, leaving a balanc=e LOC requirement bf $46000.00 The ourrent Plan B LOC . #.1161 firem Central Bank 1s • $100;Q00.00. `fhe.City i s able, t4 release ! percent of such " -funds 1eainiig a-balanoe LOCTeaulrement.of Il{erewith I am returning the former L'OC documents'now supplanted as above '' :T Q date the project is not complete, nor is the City'in receipt of the folio., u%g items :as reguvred per the Dev_elopment.Apreemei4 • 1)' Full as -b lltd ' '. sin: di ital f' g ,g rmat full}, compatible w- the Washington .. Conti . " coordinate system Please p de these' Denn Postier • 2} Stow reirioval plans 3) Copies of'the fin aiid unple hotneown decla ° acid covenants. s th 4rbx rog�resses shopld 3rQU wish further redu please let me know $ r.. i lOe e Of C Ar, «e itustrator Cc �!JUdy Holst _ - i lark Vierlmg , Todd Ericksoii FFE . i k ;. C ity of Oak Park Heights • ,141680akpark$ lvd Box 200 N ..: . 7•Oak Park Heights, MN 55082;. Mine (Cg]) 439 -4439 fr Fax (651) 439 -0574 Novem 28th, 2006 Ft Oreg Jo17n5on M nchester Homes! Oak Park Heights.De`velopment . 6750 Stillwater 1vd No &ill$ater MW 55082 Dear Mr Jdhnsoa , 1 am in receipt of the attached email City reduce th om Todd -Erickson of Folz, Freeman & Erickson requesting . V c current letters of credit for both the Plan and - 13 merit B elotnents of e that the . P The City is willing to again reddce m Pine Clove exact 41el�►ita#i © you, re ues as. , a Portion. of tlieae securite 4 t the purpose ofthe s, but. not an the exact carr►pletiou ofisuch -elements; - securities to ensure ments, We hav made the following deters iivati 1' fu nctional and operatidnal The currentPia>r O # 3162 fro ; such o' d leav Center t "° s 20 000 U(j The Ci is abl to rele a. •+cox 85.4 erEdnt o a bal. ice LOC r8 a trireme . • . 0 000 _ The cwrent_Plan B 0 x-3161 from Central funds le v ntral $ is e Ci is ab eao release 80.0 •era nt:of such • a balance OC re a fire erif of 20 'OAO. :; The nii step is that your lender must issue two.issue new letters ofcred Where °these are received, the City will be able to rescind tile it for the above specified u amounts; These new letters of credit must be u's _ similar t ame stipulations initial two documents and form and have ' e s d such amounts To date the prpJect is h'ot com�ilete, nor is the . Ci as the current documents. Development Agreement h' m: fecelpt of the following stems required per the 1 ) • � Ftt11 as built ` drawings in digital format and fully compatible with the Was ociordmate s ste 2 - T y un. Please provide these to Dennis Postler. hmgton County )" Snow removal phis 3 ) Copies of the final and implemented homeowner declarations. and covenants - I " �� the • oject • �, � fiuther sses should you wish reductions please let me know :incerel nc.Ja 1 o en Cary 'a: mistraior. r Judy flglst Mark Vierhng Todd ,Erickson, FFE l IRREVOCABLE STANDBY LETTER OF CREDIT AMENDMENT i No. 3161 Date: Effective August 1, 2006 TO: City of Oak Park Heights ( "City ") 0 . 14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Dear Sir or Madam: We hereby issue , for the account of Oak Park Heights Development LLC, a Minnesota limited liability company ( "Developer ") and in your favor, our Irrevocable Standby Letter of Credit Amendment ( "Letter of Credit ") in the reduced amount of One Hundred Thousand Dollars ($100,000.00), available to you by your draft drawn on sight on the undersigned bank. The draft must: a. Bear the clause, "Drawn under Letter of Credit No. 3161 dated. effective August 1, 2006, of Central Bank"; b. Be signed by the Chairperson or Clerk of the City of Oak Park Heights; c. Be presented for payment at Central Bank, 2270 Frontage Road West, Stillwater, MN 55082, on or before 4:00 p.m. on May 17, 2007. This Letter of Credit sets forth in full our understanding and is issued pursuant to that certain Development Agreement between the Developer and the City, dated , and shall by reference to any document, instrument, or limited agreement, whether o not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. 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 then outstanding. This Letter of Credit shall be governed by the laws of the State supplemented (to the extent consistent with this Letter of Credit) by the most provisions of the Uniform Customs and Practices. for Commercial Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. THE FOLLOWING PAGE IS THE SIGNATURE PAGE. Central Bank (a Minneso a banking corporation) 2,3 By: 1 if Scott W. Faust, Branch President This is the signature page to that certain Irrevocable Standby Letter of Credit Amendment in the amount of One Hundred Thousand Dollars ($100,000.00) and dated August 1, 2006. 2 IRREVOCABLE STANDBY LETTER OF CREDIT AMENDMENT No. 3162 Date: Effective August 1, 2006 TO: City of Oak Park Heights ( "City ") 14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Dear Sir or Madam: We hereby issue , for the account of Oak Park Heights Development LLC, a Minnesota limited liability company ( "Developer ") and in your favor, our Irrevocable Standby Letter of Credit Amendment ( "Letter of Credit") in the reduced amount of Two Hundred Seventy Five Thousand Dollars ($275,000.00), available to you by your draft drawn on sight on the undersigned bank. The draft must: a. Bear the clause, "Drawn under Letter of Credit No. 3162 dated effective August 1, 2006, of Central Bank "; b. Be signed by the Chairperson or Clerk of the City of Oak Park Heights; c. Be presented for payment at Central Bank, 2270 Frontage Road West, Stillwater, MN 55082, on or before 4:00 p.m. on May 17, 2007. This Letter of Credit sets forth in full our understanding and is issued pursuant to that certain Development Agreement between the Developer and the City, dated , and shall not in any way be modified, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. Unless we so notify you in writing before April 17, 2007, this Letter of Credit shall automatically renew for an additional 12 months in the amount then outstanding. This Letter of Credit shall be governed by the laws of the State of Minnesota as supplemented (to the extent consistent with this Letter of Credit) by the most current provisions of the Uniform Customs and Practices for Commercial Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. THE FOLLOWING PAGE IS THE SIGNATURE PAGE. Central Bank (a Minnesota banking corporation) By: Al , 7 Scott W. Faust, Branch President This is the signature page to that certain Irrevocable Stan Crit Amendment in the amount of Two ($ and dated August 1, 2006. Hundred Seventy Five Thousand f Dolla s 2 1 4 ! City of Oak Park Heights 14168 Oak Park Blvd. N •Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439.4439 •Fax (651) 439 -0374 August 1, 2006 Mr. Qreg Johnson Manchester Homes / Oak Park Heights Development 6750 Stillwater Blvd. No. Stillwater, MN 55082 Dear Mr, Johnson I am in receipt of the attached email from Todd Erickson of Fo City reduCe the current letters of credit for both the Plan and B elements of the Pine Grove Gad Development. The City is willing to reduce a portion of these securities, � Freeman &Erickson requesting i t you request, as the purpose of the securities is to but not to the exact delimitati ti the tons r such e a. We have made the e ensure final, functional and o �g determination_ Pe1'ational completion of The current P an . L • C # 16 om .r Bank is ' 692 9 1.00. . fun. s leav' 1 _ a bal , c - LO re. uir , The Ci is able to elease 603 r cent of c nt of 275 000, , The c__/ ent P an B LOC # 161 fro Ce o fro B.1_, 's 1 � 1 610.00. funds ea ' a bat. ce LOC e. The Ci is able to rel e 61.8 . ercent o such i � men of , 00 000.00. The next step is that your lender must issue two issue new letters of credit for When these are received, the City will be able to rescind the W h e new letters received, must City in the above am amounts. m similar form and have the same two documents as the current amounts. proje you c�'ent documents. � progresses should y wish further reductions please let me know. incerel ric Jo If0 City . „ inistrator !c: Judy Hoist Mark Vierling Todd Erickson, FFE IRREVOCABLE STANDBY LETTER OF CREDIT No. TO: City of Oak Park Heights ( "City ") Date: Effective May 17, 2006 Dear Sir or Madam: We hereby issue, for the account 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 Six Hundred Ten Dollars ($161,610.00) available to you by your draft drawn on sight on the undersigned bank. The draft must: a. Bear the clause, "Drawn under Letter of Credit No.3 /6/ , dated effective May 17, 2006, of Central Bank; b. Be signed by the Chairperson or Clerk of the Oak Park Heights; c. Be presented for payment at Central Bank, 2270 Frontage Road West, Stillwater, Minnesota 55082, on or before 4:00 p.m. on May 17, 2007. This Letter of Credit sets forth in full our understanding and is issued pursuant to that certain Development Agreement between the Developer and the City, dated and shall not in any way be modified, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. ' This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. • Unless we so notify you in writing before April 17, 2007, this Letter of Credit shall automatically renew for an additional 12 months in the amount then outstanding. This Letter of Credit shall be governed by the laws of the State of Minnesota as supplemented (to the extent consistent with this Letter of Credit) by the most current provisions of the Uniform Customs and Practices for Commercial Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. THE FOLLOWING PAGE IS THE SIGNATURE PAGE. Central Bank (a Minnesota banking corporation) By: 1 ott W. Faust Its: President This is the signature page to that certain Irrevocable Standby Letter of Credit amount of One Hundred Sixty One Thousand Six Hundred Ten Dollars ($ a nd the dated effective May 17, 2006. 2 IRREVOCABLE STANDBY LETTER OF CREDIT No. Silo 2- TO: City of Oak Park Heights ( "City ") Date: Effective May 17, 2006 Dear Sir or Madam: We hereby issue, for the account 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 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 bank. The draft must: a. Bear the clause, "Drawn under Letter of Credit No. 31 17, 2006, of Central Bank; dated effective May b. Be signed by the Chairperson or Clerk of the Oak Park Heights; c. Be presented for payment at Central Bank, 2270 Frontage Road West, Stillwater, Minnesota 55082, on or before 4:00 p.m. on May 17, 2007. This Letter of Credit sets forth in full our understanding and is issued pursuant to that certain Development Agreement between the Developer and the City, dated and shall not in any way be modified, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. 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 then outstanding. This Letter of Credit shall be governed 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 Uniform Customs and Practices for Commercial Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. THE FOLLOWING PAGE IS THE SIGNATURE PAGE. Central Bank (a Minnesota banking corporation) / ki By: , cott W. Faust Its: President This is the signature page to that certain Irrevocable Standby Letter of Credit in the amount of Six Hundred Ninety Two Thousand Nine Hundred Twenty One Dollars ($692,921.00) and dated effective May 17, 2006. 2 q 0 to cci CIA t c e ■ 0 0 0 0 (I) 0) J J ��A L. ec_ooc n –:3£ -- 03 ' a a ' . E 0 o RR 000 °o £ o D o g o 0 o 0u a�q % E f -o- ® 2 2co222 3 �ea to n 4.) ® © a . ¥ c o 2 0 0 / 0 ƒ K / Ne �� a K 0 �q & S 0 c 0 ° E a) G o § � -0 0 0 o a / f _ $ 00 Q0 -10 / Q 2 / o9 Kkk % � _ �_ �% ° o w 77 N-2 10� J 5... & ^ � ® e� ® Si t 2 o co ƒ c 0 & ck o co K c §: 0 > £ fW (1) k > 0 f § v - 2 2 2 k 2 ° 0 CL c / R Ce E o - f- / a 03 > / W L. / 2 / co 2 t oo o ' j ; !ffl J j . W : ail u_ � ƒ 00 q 4-o 0 U) £ CO > 0 ƒ ■ £ 0 0 f a £ { a) § i £ .c a -0 m k/ 0 2 /2 2 2 .k N c t12 oS of o s co 4 CI ER 2 2 CO 2 kf §; �/ k' ■ 73 c= < cD k 0 / Q0 k o q $ 00 co o 2 E $ . : = f \ c § re /6 > o u c /k . § c q $ e d» r / E 2 § \ a ■ 0 • _ R ® E 0 b k � g § 5 (]§ ƒ $ g - � - § C / 0 0 2 §§f ( ko C. at a c= q ■§ 0 i � u. Z � § t 0 0 a .0 (1) c 0 E o c k \ m W 0 k » w a a w wu- to ma. � 00 00 ice City of Oak Park Heights 14168 Oak. Park l3lvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 • Fax (651) 439 -0574 November 28th, 2006 Mr. Greg Johnson ; Manchester Homes / Oak Park Heights Development 6750 Stillwater Blvd. No. Stillwater, MN 55082 Dear Mr. Johnson T am in receipt of the attached email from Todd Erickson of Folz, Freeman & Erickson requesting that the City reduce the current letters of credit for both the Plan and B elements of the Pine Grove Gardens Development. The City is willing to again reduce a portion of these securities, but not to the exact delimitations you request, as the purpose of the securities is to ensure final, functional and operational completion of such elements. We have made the following determination: The current Plan A, LOC # 3162 from' Central Bank is $275,000.00. The - City is able to release annrox.85.4 percent of, such funds, leaving a balance LOC requirement of $40,000.00 .; _ The current Plan B LOC # 3.161 from Central Bank is $100,000.00. The City is able to release 80.0, percent of such funds leaving a balance LOC requirement of $20,000.00. The next step is that your lender must issue two issue new letters of credit for the above specified amounts: When these are received, the City will be able to rescind the initial `two documents "and such amounts. ' These new letters of credit -must be in similar form and have the same stipulations as the current, documents. To date the project • is:not • complete, nor` is the City in r4eceipt.of the following items as required per the Development Agreement: 1) Full as -built drawings m digital format and fully compatible with the Washington County ' coordinate system. Please provide these to Dennis Postler. 2) Snow removal plans. 3) Copies of the final and implemented homeowner declarations and covenants_ the `, oject , 5 �sses should you wish further reductions please let me know. mcerel ric i •, City .'d inistrator 4' . Judy Holst Mark Vierling ' Todd Erickson, FFE i" IRREVOCABLE STANDBY LETTER OF CREDIT AMENDMENT No. 3161 Date: Effective August 1, 2006 TO: City of Oak Park Heights ( "City ") 14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Dear Sir or Madam: We hereby issue , for the account of Oak Park Heights Development LLC, a Minnesota limited liability company ( "Developer ") and in your favor, our Irrevocable Standby Letter of Credit Amendment ( "Letter of Credit ") in the reduced amount of One Hundred Thousand Dollars ($100,000.00), available to you by your draft drawn on sight the undersigned bank. g on The draft must: a. Bear the clause, "Drawn under Letter of Credit No. 3161 dated effective August 1, 2006, of Central Bank "; b. Be signed by the Chairperson or Clerk of the City of Oak Park Heights; c. Be presented for payment at Central Bank, 2270 Frontage Road West, Stillwater, MN 55082, on or before 4:00 p.m. on May 17, 2007. This Letter of Credit sets forth in full our understanding and is issued p ursuan t to that certain Development Agreement between the Developer and the City, , and shall not in any way be modified, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. than one draw may be made under this Letter of Credit. More 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 then outstanding. This Letter of Credit shall be governed 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 Uniform Customs and Practices for Commercial Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. THE FOLLOWING PAGE IS THE SIGNATURE PAGE. Central Bank (a Minneso a banking corporation) By: Scott W. Faust, Branch President This is the signature page to that certain Irrevocable Standby Letter of Credit Amendment in the amount of One Hundred Thousand Dollars ($100,000.00) and dated August 1, 2006. 2 IRREVOCABLE STANDBY LETTER OF CREDIT AMENDMENT No. 3162 Date: Effective August 1, 2006 TO: City of Oak Park Heights ( "City ") 14168 Oak Park Blvd. N Oak Park Heights, MN 55082 Dear Sir or Madam: We hereby issue , for the account of Oak Park Heights Develo me Minnesota limited liability company ("Developer") your p nt v a ble Standby Letter of Credit Amendment ( "Letter of Credit") in the redu reduced r amount Two Hundred Seventy Five Thousand Dollars ($275,000.00), available to ou b Two on sight on the undersigned bank. Y by your draft drawn The draft must: a. Bear the clause, "Drawn under Letter of Credit No. 3162 dated effective August 1, 2006, of Central Bank "; b. Be signed by the Chairperson or Clerk of the City of Oak Park Heights; c. Be presented for payment at Central Bank, 2270 Frontage Road West, Stillwater, MN 55082, on or before 4:00 p.m. on May 17, 2007. This Letter of Credit sets forth in full our understanding and is issued pursuant to that certain Development Agreement between the Developer and the City, dated by reference to any document, instrument, or agreement, whether or ot r fen ed; or limited eferred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. Unless we so notify you in writing before April 17, 2007, this Letter of Credit sha automatically renew for an additional 12 months in the amount then outstanding. 11 This Letter of Credit shall be governed by the laws of the State of Minnesota as supplemented (to the extent consistent with this Letter of Credit) by the most provisions of the Uniform Customs and Practices for Commercial Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter o shall be duly honored upon presentation. of Credit THE FOLLOWING PAGE IS THE SIGNATURE PAGE. . j Central Bank (a Minnesota banking corporation) By: 4 Scott W. Faust, Branch President This is the signature page to that certain Irrevocable Standby Letter of Credit Amendment in the amount of Two Hundred Seventy Five Thousand Dollars ($275,000.00) and dated August 1, 2006. 2 Page 2 of 3 Total Requested Plan A Reduction $465,377.00 Plan B Improvements Description of Improvement Estimated Cost Percent Complete Amount Completed Items Remaining Erosion Control $2,750.00 100% $2,750.00 Complete Sanitary Sewer $46,557.00 100% $46,557.00 Complete Streets $57,266.00 100% $57,266.00 Complete Watermain $50,298.00 100% $50,298.00 Complete Restoration $8,580.00 50% $4,290.00 Minor repair issues possible for spring Survey $2,500.00 100% $2,500.00 Complete Amount of Plan B Reduction $163,661.00 Security Requirement (25 %) $40,915.00 Total Requested Plan B Reduction $204,576.00 The total requested reduction is $669,953.00. Please contact me with any questions. Sincerely, Todd Erickson Todd A. Erickson, PE Folz, Freeman, Erickson, Inc. 5620 Memorial Avenue North Stillwater, Minnesota 55082 Phone 651- 439 -8833 Fax 651 - 430 -9331 11/27/2006 Page 1 of 3 Eric A. Johnson From: Todd A. Erickson [ trickson Sent: Tuesday, @ffe inc.com] . y November 14, 2006 2:12 PM To: Eric A. Johnson Cc: gjmanchester Subject: Pine Grove Gard nsst.net; kerickson @bonestroo.com Eric, To date all improvements have been completed at the Pine of which should be b and street si ns. Grove Project less the (Plan A) fin l by the Ci g I have included our request also for the P an B lmprovements the private street, ty Engineer., and p /ease course for Please consider the following for reductions for the project an all send us a res ponse /reasoning if something less is considered Plan A Im rovements Description of Improvement Items Remaining Estimated Cost Percent Complete Amount Completed Grading & Erosion Control $ Complete Sanitary Sewer 98% Casting to be raised with final wear $ 100.00 $146,020.00 Streets 98% Final wear course $78,700.00 $32,438.00 Watermain 80% Castings to be raised with final wear $58, 100.00 $62,960.00 Storm Sewer 98% Castings to be raised with final wear $52'700.00 $56,938.00 City Inspection of Utilities 98% Complete Landscaping & Street Signs $ $22, 300.00 $51,646.00 100% items remain $ 0% Amount of Plan A Reduction 0.00 All Security Requirement (25 %) $372,302.00 $93,075.00 11/27/2006 1 1/27/2006 2 DESCRIPTION OF PLAN g IMPROVEMENTS: Reduction in LOC- Pine Grove Gardens Percent complete 1 Street I mprovements lete Amount Completed P 2 Erosion Control $89,600.00 100 $89,600.00 3 Restoration $2,750.00 100 $ 4 Preliminary $8,580.00 50 $ ►Y Survey $2,500.00 100 $2,500.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN B IMPROVEMENTS $ ESTIMATED ENGINEERING, LEGAL AND $99,140.00 ADMIN (25 %) $ TOTAL ESTIMATED CONSTRUCTION COST $24'785.00 OF PLAN B IMPROVEMENTS $ $ SECURITY REQUIREMENT (25 %) $ $ TOTAL PLAN B ESCROW PINE GROVE GARDENS $ $ Note: Sanitary Sewer and Water Main i mprovements will be paid through 9 connection charges. �5 - r — G?"Tlit[gG 44 5/10k, /t� PL/1-1V. Karr e ownit s Assoc. Doc. DESCRIPTION OF PLAN A IMPROVEMENTS: LOC Reduction - Pine Grove Gardens 1 Grading and Erosion Control Percent complete Amount Completed 2 $160,700.00 98 Sanitary Sewer $157 486.00 3 Water Main $ 98 $ 4 Storm Sewer $60,200.00 98 $ $ 98 5 Streets $ 6 $79,300.00 80 City Inspection of Utilities $63,440.00 $23,600.00 95 $ TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS $ $ ESTIMATED ENGINEERING, LEGAL AND ADMIN (25 %) $ $ TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS $ $ SECURITY REQUIREMENT o (25 ) TOTAL PLAN A ESCROW- PINE GROVE $ GARDENS $ $ $615,734.38 r • 41/fr- ( ciAA 1 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into thisaaay of May, 2006, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City "), and Oak Park Heights Development LLC, (the "Developer "). WITNESSETH; WHEREAS, the Developer has made application to the City Council for approval of the Concept and General Plan of Development and Final Plat of a plat of land within the corporate limits of the City described as follows: PINE GROVE GARDENS See Attached Exhibit A (the "Subdivision "); and, WHEREAS, the City Council has on May 24, 2005, granted approval to the Subdivision, on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of street, water, sewer and other public improvements as well as the development of on- site improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: Designation of Improvements: Improvements to be installed at Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements ". Improvements to be installed by the City and paid for by Developer are hereinafter referred to as "Plan B Improvements ". 1. PLAN A IMPROVEMENTS: The Developer will construct at Developer's expense the following improvements under Plan A according to the following terms and conditions: A. The Developer shall do all site grading, common greenway and open spaces, storm water storage ponds, surface drainage ways and all private driveways including sodding 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. 13. The Developer shall control soil erosion ensuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City Engineer shall be installed prior to development and as may be necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 5. The Developer shall not locate its equipment within the right -of -way of Oakgreen Avenue 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. 2 • • E. The Developer shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City. Final landscaping plans must be submitted to the office of the City Planner for approval . F. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping 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. G. The Developer shall furnish site lighting in accordance with the City Ordinance requirements pursuant to a plan which must receive the approval of the City Planner. General Re uirements: H. 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, including the Outlot A, is in the amount of $91,000.00. The Developer shall be provided a credit not to exceed $9,000.00 for the construction of segments of the city trail system adjacent to the Development but outside of the Development boundary and on City controlled land. The credit shall be applied against the $91,000.00 park dedication fee and Developer shall supply the City Engineer with reasonable documentation of Developers expenses incurred in the construction of the connecting segment of the public trail between this Development and the existing city trail system. 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 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 3 depicted on the final plat and • 0 e easement dep of the are incorporated within the drainage Agreement and the recording upo execution of o th Development t Oak Park Heights. final plat convey approvals, pp federal, state, regional and J. The , U oper shall m be responsible for securing all necessary CUPS and permits from all a rading or construction local j the commencement of site g prior to t public utilities. The local jurisdictions City construction contracts for p c b for the two accesses onto the M Frontage Road. P e and utility easements shall K. Drainage and utility lot lines in the plat Pi eGrove Gardens. be provided along all All areas classified as wetlands shall be is l c ye d L. Wetland Designation. nd those so specified by the City Engineer upon the p to the public for that purpose. person under her designation M. Tree Developer and Clearing: the clearing process. Prior The Developer must have the City Arborist or a p supervision and direction during limits and trees to o to o n-site pep initiated all clearing shall be installed protected the clearing shall operation being complete. Al] fencing shall be installed protected shall be dearly marked. n is protection fencing comp (deciduous) and and maintained until after g may not d at least co20 niferous feet u distant r from closer than the l drip line. Silt fenci ] gbe a orange not e roing shall around coniferous trees no c Arborist shall be in used as a substitute for tree protection fencing. Fencing intervals. The Cif' ha is installed. color with steel posts at 6 -8 contacted by Developer for an inspection after the fencing O Warranty of Title. warrants and represents that it has By th its execution hereof Developer hereby subject property. Developer represents that there are no liens or e cumbras the the exclusive and marketable fee title to the subs further warrants and re pre use execute this e agreements against the title and that it is fully eV � o er may execute t 's agreement provided from g subject lands. D p in the form pro fee owner of the subj the property for existing lenders now encumb; ith the provisions of this section. the city attorney's office to comply drants. meet shall incorporate an AFC - P. Fire Hy throughout the develop h - All fire hydrants ohrong of one-piece Waterous Storz Node. The hydrant pumper nozzle shall be o lie The nozzle shall be design, compatible with a five inch Storz hose coupling. 4 an integral part of the fire hydrants and must the be ma r n ished by the manufacturer or authorized distributor designated by 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, following actors, ents: subcontractors, and agents shall comply work shall require an application with a plan that 1, All right of way shall be submitted for city review p rior to any work performed in the right of way areas. erials 2. The layout of utilities, including o and confirm d city shall be documented during construction staff during the installation process. 3. Single family residential lots are required easurements from fixed card showing the utilities installed objects (corner of house, fire hydrants, etc.) to the curb stop, ities. location pins, clean outs and tie lots must provide,utnladdition to the 4. Multi-family and commercial field survey, ey above, professional as built drawings confirmed by rade showing the required information. addition ate syse m GPS coordinates in the Washington shall be supplied by the builder. These will allow the coordinates to be electronically incorporated in be �nstalled directly above all 5. All installations will require P ns utility lines where they cross lot slb how final grade directly above wire shall be installed six inches 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 i the ng fr Oak Park Heights from any and all loss or damage to comply with these requirements including but not limited to expenses the City incurs in contractors information provided by Developer its ag ents or otractors or remed problems resulting there from in the right of way. the City 7. Upon failure to provide full documentation days to secure full shall notify he Developer who shall have 30 day compliance. Failure to comply will result the wor k bein gon of assigned by the City to an outside professional 5 • 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 Grading and Erosion Control $160,700.00 2. Sanitary Sewer $38,800.00 3. Streets $79,300.00 4. Water Main $ 60,200.00 5. Storm Sewer $ 54,800.00 6. City Inspection of Utilities $ 23,600.00 8. Utility Protection & Repair incl 9. Street Protection & Repair incl 10. Landscaping, street signs, utility protection and repair $44,319.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $ 461,719.00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20 %): $ 92,434.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $ 554,406.00 SECURITY REQUIREMENT (25 %) $ 138,515.00 TOTAL PLAN A ESCROW $ 692,921.00 6 3 . CONSTRUCTION OF PLAN A IMPROVEMENTS. A. Construction. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. B. Ins ection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. C. Easements. The Developers shall dedicate to the City, upon approval of the final plat, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Plan A and Plan B Improvements as determined by the City. All such easements required by the City shall be in writing, and in recordable form, containing such terms and conditions as the City shall determine. If within the platted area, all such easements shall be dedicated to the City and specifically described within the Plat. As it affects all easements located outside the platted area, the same shall be dedicated by separate easement conveyed to the City of Oak Park Heights prior to the execution of the Development Agreement. D. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Plan A Improvements. Concurrently with the execution of this Agreement, Developer or its general contractor shall provide a Letter of Credit to the City of Oak Park Heights in a form to be approved by the City 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. The Letter of Credit 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 11 months from the date hereof. 7 • • • F. Security to be filed with the City Letter of Credit. The Developer shall post security in the form of a letter of credit from Central Bank to secure the construction the Plan A improvements 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 (Letter of Credit), in the amount of $692,921.00 being the estimated costs for the Plan A improvements with security and engineering above. The Irrevocable Letter of Credit shall be 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 Letter of Credit expires prior to the improvements as specified herein being completed, it shall be renewed or replaced not later than thirty (30) days prior to it's expiration, with a like Irrevocable Letter of Credit; and if not so replaced the City may declare the Developer in default hereunder and exercise its rights and remedies and may draw on said Irrevocable Letter of Credit for the remaining improvements. The Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Oak Park Heights. G. Reduction of Security Guaranty for Plan A Improvements: The Developer may request reduction of the Letter(s) of Credit based upon prepayment or the value of the completed Plan A Improvements at the time of the requested reduction. If city engineer evaluations are requested, the Developer will be responsible for the estimated costs incurred by the City for performing the additional evaluations. The amount of reduction will be determined by the City. In no event shall the security guarantees be less than five percent (5 %) of the original security guarantees until all Plan A Improvements have been approved and accepted by the City. H. It is agreed that all labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications on file with the City Engineer. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer or his designee. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete (this includes Oakgreen Ave adjacent to the development). All streets shall be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. Flagmen may be required by the city to control traffic on Oakgreen Ave. during the 8 • 11) 1 project which will be provided by Developer at its expense. The repair of any damage done to the streets or public utilities by Developer or any of its Contractors or Subcontractors, shall remain the financial responsibility of the Developer. 4. PLAN B IMPROVEMENTS. The following improvements will be installed by the City at the Developer's expense according to the following terms and conditions: A. Street Improvements $ 89,600.00 B. Erosion Control $ 2,750.00 C. Restoration $ 8,580.00 D. Surveying $2,500.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN 13 IMPROVEMENTS: $103,430.00 ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (25 %): $ 25,858.00 TOTAL CONSTRUCTION COST $ 129,288.00 Required Security posted (25 %) $ 32,322.00 Total Deposit $ 161,610.00 9 • 110 1 A. Construction. After the preparation of preliminary plans and estimates by the City, the City Council shall take bids on the projects and thereafter award the contract pursuant to law for the installation of the Plan B improvements under the City's supervision. Upon receipt of the first bid tabulation, Developer shall be provided a copy thereof. The Developer shall have the right to immediately notify the City of its demand that the City reject all bids. As it affects the first bid tabulation, the City shall honor the Developer's wish if made to reject all bids and thereafter proceed to a second bidding on the project. Subsequent bid tabulations may be commented upon by Developer but the City may award to the lowest responsible bidder of the project in the manner provided by law. 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 $161,610.00. 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. Reduction of Securit Guarant for Plan A Im , rovements: The Developer may request reduction of the Letter(s) of Credit based upon prepayment or the value of the completed Plan B 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 B Improvements have been approved and 10 • accepted by the City. D. Plans and Specifications. The Developer shall be provided with a copy of the plans and specifications as prepared by the office of the City Engineer for the Plan B improvements and shall be allowed the opportunity to comment on same prior to final release of the bid specifications by the office of the City Engineer for purposes of receiving bid on the improvements. The Developers shall also be notified of the bid opening date and provided the opportunity to comment on the bids received prior to the award of the bid on the Plan B improvements. The Developers may recommend rejection of al bids and the rebidding of the project or any portion thereof; however, such recommendation is not binding on the City of 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 are reasonable. The Developers shall also be provided the opportunity to request that the City Engineer consider including certain contractors that the Developer might suggest to be added to the proposed bidder's list. Final determination of the proposed bidder's list shall rest in the discretion of the City Engineer. E. Ownership of Plan B Improvements. All such improvements as constructed shall become the property of the City of Oak Park Heights. The Developer shall dedicate to the City prior to approval of the final plat at no cost to the City all permanent and temporary easements necessary for the construction of such improvements as determined by the City. F. Contracts. All such construction contracts as awarded by the City of Oak Park Heights to construct the Plan 13 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 confonn to the ordinances and specifications of the City in the construction of all Plan B improvements. The City assumes no liability for delays in construction due to any cause including but not limited to non - availability of construction materials and supplies, inclement weather, acts of God, Acts of War or other causes beyond the City's control. G. ChancYe Orders. No change order increasing the contract expense 11 i • shall be authorized by the City without first notifying Developer of the change. H. 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. 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 (excepting Outlot A) and advise the City Clerk as to the appropriate fee to be collected. Connection fees for all Tots and blocks are due and payable upon execution of this agreement and are as follows: Pine Grove Estates Sanitary Sewer $ 11,320.55 Water $ 19,694.40 Storm Sewer $ 24,935.05 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 Outlot A at such time as it become due. J. Connection to Cit Trail S stem. This development has been granted permission to have a direct connection to the City Trail System now located on its eastern border. The manner, details and location of the connection shall be determined by the Director of Public Works for the City. The Developer shall coordinate construction activities related to the trail connection with the Public Works Director. K. Location of Tem.ora Storm Water facilities on Cit Pro•ert . Developer had earlier requested permission to locate storm water ponding facilities on City lands located to the north of this development. Permission has not been granted by the city to do so. L. Tree Re.lacement Ordinance Com•liance. (See the tree list dated 5/18/05 for Pine Grove Gardens.) After correcting the tree list for species and sizes which are not significant, the total count of diameter inches of significant trees on site is 3023 in. The project proposes to remove 1213 diameter inches of significant trees, 12 • • which is 40% of the total in. on site. The calculated tree replacement required is 647 diameter inches. For removing less than 50% of the total, the project receives a credit of 10% of the replacement inches required (65 in.). The project proposes to 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 approximately 152, 2 in. diameter trees. If the project cannot plant the trees on site, the developer shall pay the cost of replacement trees calculated at $50. per diameter inch. This will be a total a cash payment of $15,217.00, payable into the city's tree planting fund and due on execution of this agreement. The funds will be used to plant new trees elsewhere within the city. 5 . CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow account to the City of Oak Park Heights in the amount of $5,000.00 to reimburse the City of Oak Park Heights for previous billed expenses relating to this development. 6. GENERAL: A. Bindina Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. The Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Developer. B. Final Plat Approval. The City has given final approval to the plat of the Subdivision (Pine Grove Gardens) upon execution and delivery of this Agreement , performance of all requirements of the approval, 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 13 • • Agreement by reference as fully as if set out herein in full. Specifically the following Planning Reports and Engineering files and final documentation approved by the City Planner and the City Engineer are specifically incorporated by reference herein and included herein as if originally made part of this agreement. 1. Correspondence From Bonestroo Rosene and Anderlik dated October 4, 2005 2. Correspondence From Bonestroo Rosene and Anderlik dated August 19, 2005 3. May 5, 2005 NAC Planners Report. 4. Oakgreen Avenue Utility Improvements Study October 19, 2005, Bonestroo Rosene Anderlik and Asso. 5. Minnesota Department of Transportation letter of October 19, 2005 to Todd Erickson from Rusty Nereng regarding Drainage Permit Application D-05-11013. 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 Ex senses. As to any and all administrative, legal or engineering costs which the Developer is expected to pay to the City of Oak Park Heights, which costs may be offset against the Letters of Credit which the Developer has filed and provided to the City of Oak Park Heights, the Developer shall be given the opportunity to review and comment on such costs prior to the application by the City of Oak Park Heights to the Letters of Credit for the payment of same. Should the Developer dispute the reasonableness of any of the City's charges, Developer shall have the right to submit any such dispute to arbitration at Developer's sole and exclusive expense. Arbitration shall be conducted by the American Arbitration Association and shall be initiated and paid for by Developer. F. Establishment of Construction Schedules. The City Engineer shall establish construction schedules for Plan A and Plan 13 improvements and shall consult with Developer prior to establishing same. G. Zoning. "Pine Grove Gardens" has been designated a zoning 14 • classification of PUD by the City Council. All future use and development shall comply with the applicable provisions of the relevant zoning ordinance of the City of Oak Park Heights relating thereto. Lot 1, Block 6, Pine Grove Addition shall remain zoned "O" Open Space - conservancy. All drainage and ponding areas provided in Lot 1 Block 6 shall be preserved by easement for the benefit of the overall development and shall be maintained to City standard by the developer or homeowners association. No further development of the balance of Lot 1 Block 6 shall proceed until the City has taken a final position on the St. Croix River Crossing TH 36 project. H. Private /Internal Street Grades. The grades of all internal streets shall not exceed 8% and the minimum grade shall not be less than .5 %. All internal streets are designated, designed and intended to be private streets. All present and future homeowners should expect that the internal streets will remain private and that there will be no transfer of ownership or responsibility for these streets to the City of Oak Park Heights at any time. Lot 1 Block 6 Pine Grove Gardens. All drainage and ponding areas provided in Lot 1 Block 6 shall be preserved by easement or dedication for the benefit of the public and this development and shall be maintained to City standard by the Developer until the City Engineer certifies the project has been completed and the warranty period has expired. No further development of lot shall proceed until the City has taken a final position on the St. Croix River Crossing TH 36 project. Until such time as the City takes a final position on the St. Croix River Project the Developer shall retain marketable title in Lot 1, Block 6 in its name exclusively. Should any portion of the lot be acquired by or on their behalf the Minnesota Department of Transportation the Developer shall be allowed to request and apply for further development of the lot to the City excepting those portions set aside for Drainage and Ponding areas as required by this agreement. As to those Drainage and Ponding areas they shall be conveyed by easement to the Homeowners Association upon execution of this Developer's Agreement. The Homeowners Association shall be responsible for the permanent upkeep and maintenance of the Drainage and Ponding Area to City standards after the Development has been completed as certified to by the City Engineer and the warranty 15 } • • period for the Developer under this agreement has expired. Failure to maintain the drainage and ponding easement will result in application to the security provided under this agreement by Developer or certification of the costs to restore the easement to the City's specification under the City's Storm Water Utility. J. Developer has requested permission to build a model home /structure upon the property prior to the time that Plan B improvements will be constructed. All such construction shall be regulated and timed under the supervision of the City Engineer and Building inspector. Developer understands that he is proceeding at his own risk in this construction ad that any additional expense including those incurred as a result of errors in elevations or the need to move services /plumbing for city water and sewer connections shall be at his expense alone. K. Conditions Imposed The City Council has imposed the following conditions as a requirement of the permits granted this project: 1. The final 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 and ponding 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 standard by the developer or homeowners association. No further development of the Outlot shall proceed until the City has taken a final position on the St. Croix River Crossing T 36 project. 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. ' 3 . The City Council is agreeable to allowing encroachments of decks into the required setbacks, as provided for on a plan approved by City staff. The City has accepted the Purchase Agreement price as establishing fair market value for purposes of computing the Park dedication Fees. 16 • • 4. The Police Chief and Fire Chief shall 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 and approval by the City Council. 6. The applicant shall submit a snow removal plan that shall be subject to the review and approval of City staff. 7 . The applicant shall provide updated grading, drainage and utility plans to the City reflecting the revised concept /general plan. All final grading, drainage and 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. 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 for the project subject to City staff review and approval. 10 . Architecture of the project. The siding materials shall be steel, concrete masonry board, or an equivalent material as approved by City Council. 2 1 1. A development agreement shall be required subject to review and approval of the City Council and City Attorney. 12. The homeowners association documents 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, subject to review and approval of the City Engineer. 2 The applicant has supplied a materials board which has been approved by the City to specify the siding and architectural features 17 • 1 Tats QA6E is LAM 18 • • IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the date and year first above written. In the presence of: CITY 4 ' 1 • K PA : _ GHTS David . - : et Mayor kat �; S Jn • smini or In the presence of: Oak Par i evelopment LLC By MI Its &cub 1 By Its 19 1 . STATE OF MINNESOTA ) . ss. COUNTY OF WASHINGTON) On this 01 day of May, 2006, before me a Notary Public, within and for said County personally appeared David Beaudet and Eric Johnson, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. ti0 JULIE R. JOHNSON � ,P , . 1� "° NOTARY PUBLIC - MINNESOTA ` ill :JAL My Commission Expires Jan 31, 2010 ti Notary P is STATE OF MINNESOTA ) . ss. COUNTY OF WASHINGTON) On this oa0 day of May, 2006, before me a Notary Public, within and for said County personally appeared p j1KlSOY1 and , to me •ersonally known, being eac by me duly sworn did say that they are respectively the ,. and of Oak Park Heights Development LLC, named in the fore � oing instrument; and that the seal affixed to said instrument is the corporate seal of said Limited Liability Company, and that said instrument was signed and sealed on behalf of said Limited Liability Company by authority of its Board of Governors and said eF . and acknowledged said instrument to be the free act and deed of said IC. 96.- ti JULIE R. JOHNSON `1 Notary Public UV, NOTARY PUBLIC - MINNESOTA (� My Commission Expires Jan. 31, 2010 20 • • • >T) -0AiM . ',: f11,44 v .:. n. • • • 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 • EXHIBIT A LEGAL DESCRIPTION PLAT NAME PINE GROVE GARDENS (Washington County Geo. Code 04.029.20.22.0010.) Sect -04 Twp -029 Range -020 PT NW1 /4 -NW1 /4 042920 BEG AT SW COR OF SD TRACT THN E & PAR WITH S LINE OF SD TRACT DIST OF 429FT THN N & PAR WITH W LINE OF SD SEC4 DIST OF 210FT THN W & PAR TO N LINE OF SD SEC4 DIST OF 42T W LINE OF SD SEC4 THN S ON W LINE OF SD SEC4 DIST OF 210FT TO PT OF BEG 9 TO 22 • CITY CHECKLIST FOR DA SIGNING 1. Developer's Agreement will need to be signed in triplicate. 2. Attach Legal from Plat for Exhibit A 3. Plat 4. Letter from City Attorney approving home owners association documents 5. Park dedication fee $91,000.00 (subject to $9,000.00 offset See Page 3 Para H 6. Water Management Org approval ) 7. MNDOT Letter of approval 8. Ownership Lien and encumbrance report -To be approved by City Attorney 9. Plan A LOC $692,921.00 10. Plan B LOC $ 161,610.00 11. Connection Fees a. Sanitary $1 1,320.55 b. Water $19,694.40 c. Storm Sewer $24,935.05 12. Tree Replacement Fees- $15,217.00 13. Cash Escrow - Administrative Supervision of Project $5,000.00 14. Building D epartment- checklist items 15. Utility Department checklist items 16. Finance Department checklist items 23 1 City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007. Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 August 1, 2006 Mr. Greg Johnson Manchester Homes / Oak Park Heights Development 6750 Stillwater Blvd. No. Stillwater, MN 55082 Dear Mr. Johnson 1 am in receipt of the attached email from Todd Erickson of Fo1z, Freeman & Erickson requesting that the City reduce the current letters of credit for both the Plan and B elements of the Pine Grove Gardens Development. The City is willing to reduce a portion of these securities, but not to the exact delimitations you request, as the purpose of the securities is to ensure final, functional and operational completion of such elements. We have made the following determination: The current Plan L • C # 16 from - . tral Bank is 692 921.00. The Ci is able to release 60.3 . ercent of such funds leavin_ a balanc- LO re.uirem- t of 275 000. e c ent P an B LOC # 3161 from Cen.. Bank is 161 610.00. Th - Ci is able to rele. a 61.8 • ercent o such funds leavin . a bal . ce LOC re. uirement if . 00 000.00. The next step is that your lender must issue two issue new letters of credit for the above specified amounts. When these are received, the City will be able to rescind the initial two documents and such amounts. These new letters of credit must be in similar form and have the same stipulations as the current documents. ' ` Prole• ( progresses should you wish further reductions please let me know. incerel ric Jo • if o City • .. inistrator !c: Judy Hoist Mark Vierling Todd Erickson, FFE IRREVOCABLE STANDBY LETTER OF CREDIT No. 3161 Date: Effective May 17, 2006 TO: City of Oak Park Heights ( "City ") Dear Sir or Madam: We hereby issue, for the account 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 Six Hundred Ten Dollars ($161,610.00) available to you by your draft drawn on sight on the undersigned bank. The draft must: a. Bear the clause, "Drawn under Letter of Credit No.3 / / , dated effective May 17, 2006, of Central Bank; b. Be signed by the Chairperson or Clerk of the Oak Park Heights; c. Be presented for payment at Central Bank, 2270 Frontage Road West, Stillwater, Minnesota 55082, on or before 4:00 p.m. on May 17, 2007. This Letter of Credit sets forth in full our understanding and is issued pursuant to that certain Development Agreement between the Developer and the City, dated and shall not in any way be modified, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. 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 then outstanding. This Letter of Credit shall be governed 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 Uniform Customs and Practices for Commercial Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. THE FOLLOWING PAGE IS THE SIGNATURE PAGE. 1 Central Bank (a Minnesota banking corporation) By: 1 / g9?-9 `colt W. Faust Its: President This is the signature page to that certain Irrevocable Standby Letter of Credit amount of One Hundred Sixty One Thousand Six Hundred ,.00) an the Ten Dollars ($161610 dated effective May 17, 2006. d 2 IRREVOCABLE STANDBY LETTER OF CREDIT No. 3l 6 2 Date: Effective May 17, 2006 TO: City of Oak Park Heights ( "City ") Dear Sir or Madam: We hereby issue, for the account 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 Six Hundred Ninety Two Thousand Nine Hundred Twenty One Dollars ($692,921.00), available to you by your draft drawn on sight on the undersigned bank. The draft must: a. Bear the clause, "Drawn under Letter of Credit No..5/& , dated effective May 17, 2006, of Central Bank; b. Be signed by the Chairperson or Clerk of the Oak Park Heights; c. Be presented for payment at Central Bank, 2270 Frontage Road West, Stillwater, Minnesota 55082, on or before 4:00 p.m. on May 17, 2007. This Letter of Credit sets forth in full our understanding and is issued pursuant to that certain Development Agreement between the Developer and the City, dated and shall not in any way be modified, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. Unless we so notify you in writing before April 17, 2007, this Letter of Credit shall automatically renew for an additional 12 months in the amount then outstanding. This Letter of Credit shall be governed by the laws of the State of Minnesota as supplemented (to the extent consistent with this Letter of Credit) by the most current provisions of the Uniform Customs and Practices for Commercial Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. THE FOLLOWING PAGE IS THE SIGNATURE PAGE. t Central Bank (a Minnesota banking corporation) dr By: I �d colt W. Faust Its: President This is the signature page to that certain Irrevocable Standby Letter of Credit amount of Six Hundred Ninety Two Thousand Nine Hundred Twent in the ($ and dated effective May 17, 2006. 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O + Q L C - p U Q a' E p (n = -o C U C 0 a) v7 L C C 0 O C > w O N °i (0 I- w n co o 0 w 3 �.� rn d a) 0) o °Z5 � • � a a) ) a te ) .Q •._ �o n - 0 o C Q •- Q .° mN- E c (.0 D O • o w o= O 0 �• a) a) E --o W, Li ' I- fn .L o N w N ai " N O +— N E LLI LL Q. 0 Ocoin WOJ < 00 N 0 N CO a c bq a > 0 a E 4) ti c 0 0 Q w c a> • E N. > a7 o45 ato E o c y E c m` 0 ...,E CO O 8 . • c O c O co C a 4 O � U � 69 = c O ca 13 RI Y a) t 'Cy O 5 O . o 3-o m 3 m m c c > U Q y N ° N N N c0 c O 0.0 0 0) ; a 0) al co c E go N O N' V? c :33 E t 4 Y • C to O d C O O o 2 p = ° N Q c O c C _a ' d CO c al p N -C .,, a) Cl. c c C a 3 . r _ � d 0� N cZo NI y �_ at E y3 a) cu ` O E c Q' N c d�� X Cr p a m . co a - — mon N Y m= c rn 0, RI d � L a ) E 8 .2 U (0 . G M ` O C V 7 m C .1 co a W _.; N N N co v co al 0 d S � 3 N LL ( � IL.' o� 3t x N F- t_ in 0A a u_ . 0o PINE GROVE DEVELOPMENT, LLC 12415 - 55th Street N. Lake Elmo MN 55042 Ph: (651) 439 -2414 Fax (651) 439 - 3254 July 13, 2006 Members of the City Council CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights MN 55082 -2007 RE: Pine Grove Gardens, Oak Park Heights MN Ladies and Gentlemen: Pine Grove Development, LLC ( "Pine Grove ") has an agreement to purchase all of the Tots in the Pine Grove Garden plat ( "Project ") from Oak Park Heights Development, LLC, the developer, and will be constructing the units approved for this Project. The approved site plan for the Project currently allows for construction of 12 -ft. deep decks off the back of the units to be constructed on Blocks 4 and 5. Pine Grove would like the option to offer 12 -ft. wide by 10 -ft deep four - season porches to potential homebuyers for these particular units. In exchange, Pine Grove would agree to reduce all deck depths for units on these Blocks not optioning a four - season porch to 10 -ft. from 12 -ft. By accepting this proposal, any rear extensions from the units in these Blocks would be no deeper than 10 -ft., thereby creating the normal 20 -foot setbacks to rear lot lines required by City ordinance. We respectfully request the Council's favorable consideration of this proposal, as we believe it offers mutual benefits to both sides. If you have any questions on this proposal, please contact the undersigned at (651) 775 -0202. Sin 1 rely, J' •; t Cory A II, Chi- Manager Cc: Eric A. Johnson, City Administrator Scott D. Richards, AICP, Northwest Associated Consultants Todd Erickson, Folz, Freeman & Erickson • 4 i s �k Z. gyz,, T `€ r �a..y, mp I i i 1 - --GR __ ; ,__A_VE_N_UE RT N OH b - - -- -- I I — — t r P h -na S " .. .if r i s� 0 , ��i ` y *, �, l'® t �,'� ! � 21,0, �', j 4 :3 4 ax te r 6 91, � -ci 1�, 44, s ",� P 4 0 m L r� im— - i 1 h h _ _ _ —: — - - 1 ow Z � " ;111., M M1 Ff d$ ti ,Y .4 eNS p ■ '.` , ',0 I 'x'{ j -Q H. ,-. ,o Po ... \ \ \ \\ rir rlh as � s ° x M _ .N k t . } + , r . � 4,10:. ::',.,,riVitill'fil 1 ,,,,, 4 ti ili ,„..........) axax I t, _ ..,. ..; 4,.,,, i , , kIiii,,,,„,,,,,,,,,,,,,,,, ,..,1 n - kopp ,r, , 1 1 !'���d�f i�" '�r _ f n 's / t r .141 . ' �'sr §� (4 d -W . � - t" ir z i xt i 4 u 1+� - " k R 4k a A 1+r bs ; � ' Y F '� tee -' [L ^�' > t Y, i, � r , a( Pi P , + - ° N ' A ',ax ` as: \ k 's r u I t't.s . e ai T.,44,-4,-,,d6 P 'i . , � ` r • s...) i I • o NJ Q. BOUNDARY N 0 O jr / / a :ii° --_1111.........— VW • i I II 1 155E5 iJ E O. C. 16' -0" U r w o F -- [ O -' C x D D 3 0 rr J0 N ti r - N N o m o A n C n CI 0 3 . 6 .. O x � -Cn �i 1DH3O56 0 ; = I I VAC* 2-9 I /2" LVL i F /.. r4 o °O ND D 0 Cr w n trio rn D 0 16' -2' • v -i N T N O 1 wi\ N --- O L 7 O O WN r 1 N DD 1 J r 0 6 c N \ o .1-; . < ;: 2.9 I/*'I L-'L r s 0 i I Ii -+ 155E f 1f ' ! ' E i11= ,.. _ ■•— —•I sa?i ; :: \ O.C. D+- I3O56 -2 o , G s d " • -y I i, r �� ( � V 16-0" A- 5'-0" 5' -0" / / 1 0' -(r / T - d OOZE 13CH3SH7 dH WHLT :B 9002 ET -Inc � R City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 August 4` 2006 Mr. Corel Arquel C/O - Mr. Greg Johnson Manchester Homes / Oak Park Heights Development 6750 Stillwater Blvd. No. Stillwater, MN 55082 RE: PUD Building Revision Request. Dear Mr. Arquel. Pursuant to your request of July 13 2006 the City does not object to your proposal to alter the rear decks on Blocks 4 and 5 to accommodate 10' deep 4 season porches as opposed to 12' traditional decks. Should you choose to pursue these 4 season porches with the 2 foot depth reduction, ALL decks at these units shall be constructed to a depth of 10' and all setbacks shall be not less than 20'. No other amendment or permissions have been conveyed except those expressly stated as above. The City will perform a detailed inspection of these decks when constructed. Should there be deviations from these or other approvals, the City likely require that you make the necessary corrections. Please let me know ' o hav - . ; questions. S erel J• s City dm istrator Cc: Scott Richards, NAC Todd Erickson, FFE — via email only. Weekly Notes ✓ Planning File. • PINE GROVE bEVELOPMEN LLC 12415 - 55th Street N. Ph: Lake Elmo MN 55042 (651) 4 39 -2414 Fax (651) 439 -3254 July 13, 2006 Members of the City Council CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights MN 55082 -2007 RE: Pine Grove Gardens, Oak Park Heights MN Ladies and Gentlemen: Pine Grove Development, LLC ("Pine lots in the Pine Grove Garden pla (` Proje Grove") t') from Oak P has an agreement to purchase all of the the developer, and will be constructing the units a site plan for the Project currently Project. ark Heigts Development, LLC, t s the units to be constructed ly Blocks 4 and 5uctjon d for this eep The a y allows for construction of 12 -ft. deep approved offer 12 -ft. wide by 10 -ft deep four - season Pine Grove would tl like the option to particular 12 r . wide In 10-ft d e exchange, four-season Grove would porches to units u a these Blocks not optioning potential reduce all deck for these units ng this proposal, any rear extensions from the units e c to o 1 all deck depths for deeper ti than s ft., th al, g a four season n i to 10 -f Blocks from uld o y creating the normal 20 -foot setbacks to er ar lo inesurequired by City ordinance.. We respectfully re We e it offers q the Council's favorable consideration of this proposal proposal, please contact the undersigned If you have an ers g ed at (651) ' as we Sine rely ( ) 775-0202. any questions on this Cory Ar II, Chi - Manager Cc: Eric A. Johnson, City Administrator Scott D. Richards, AICp, Northwest Associated Consulta nts Todd Erickson, Folz, Freeman & Erickson Page 3 of 11 • I.6 JO t7 06ed 4 V ---■■mic—= y -`_ k O N o A VCNnoeAlaadO d ° m I 1 •` , x= - #4 s afi,� ..441. 4.k.,t � , *�i /St nor y ° „, `� S`. {?y,FC 't • ' t r -. f.:.,,, K. 4 , :t il' . Y a , t t ', . fi I '” �" � , \ID . s'�.ii5r� ms ' s ' f � R • d�"' t �i1 V IV E t s � 1 v' / -, v `i'r ! t, - � � \ 1 ,. a : l:?4 .i ` y� • ri . �: s � s i t S • � R `kc a 1 [ l 7 ' 7 s�„.,41.t *i spy f` •,5s�< t � t ,a : i 'e s. 'Gad `sv ? 5; t'^ i �.. .s ?( t f N.t - i ri . F� a ` t en s^ 1 - �` ; 3 ? z L 4 s* yy i •�,+ : r 0 �1t Y t€ 4 �� � .,t�. 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I• JO S abed „ 0 -,5 .,0•.S 6) 0,9t dlr %riJ t pp Id AISIIPr' Zo WIVE ::!11. II• = a. P LL1 41 14 .. kw 91 g .................■ J EP 0 cl) • o Q N • �j `9 Ill .Z • z 0 j p a! v I L f s -1, .rZ /I 6 . -� a el tM I � W I o In I Gy I I N ^ I iv ( 1 � U a I _ j; I 9.3 SS? �.S. I s,'i - ray `^4rp j r :F / • R City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 June 22, 2006 TO: Frattalone Companies, Inc. Attn: Dean Law, Site Superinten .. - - . FROM: Eric Johnson, City Administr. or City of Oak Park Heights 1 RE: AMENDMENT to Grading Permit 2006-00115 issued on 6/19/06. In addition to all City Ordinances and Codes, the following conditions are incorporated and made part of the Grading Permit No. 2006 -00115 and must be completed and /or followed by the Applicant: 1. Commencing June 26 2006 the Pine Grove Gardens Site may accept earth material from the CSM / Lowe's site located on 60 Street, in the City of Oak Park Heights. 2. The amount accepted from the CSM / Lowe's Site may not exceed 2,800 cubic yards of material. 3. The material may only be clean -fill. A Minnesota Licensed Engineer shall monitor the excavation and the final placement of all material to be moved from the CSM / Lowe's Site to the Pine Grove Gardens Site. Should any potentially harmful or contaminated material be found, all work shall cease and the City shall be immediately notified of the findings. The City will then suspend this permit addendum until such time as appropriate action is taken and documented to properly address the situation and in accordance with federal and state law. 4. The Pine Grove Gardens site managers (Frattalone) shall maintain the City streets in 1s class condition AT ALL TIMES. No mud, rocks, dirt or other debris may be accumulated on City Streets. A streetsweeper (one that applies water, performs and agitation action and the vacuums the material) shall be employed at the site at least once per hour and shall at the end of the day, not later than 6 pm, leave the City streets free of dust, mud, dirt, debris, etc. 5. The CSM/Lowe's site may not haul fill to any other location in the City without the prior written consent of the City. 6. There shall be no use of 58 Street. 7. Material may not be moved onto the site prior to 7 am an cease before 6 pm. and must 8. One warning will be issued should there be a violation of the of this Addendum; a second violation of this clause will result inn this Addendum being revoked. Failure of the A • • licant to com 11 with the conditions as set forth ma result in this • ermit bein' revoked. This • • rmit ma be m diifie above and /or amended by the Ci at an time, d r ne C O M P A N I E S • Excavating • Grading • Utilities • Demolition • Environmental • Custom Crushing - -- -� ! � � `;fin June 22, 2006 �, �_ �� __ _ CITY OF OAK PARK HEIGHTS ATTN: Eric Johnson, City Administrator I JUN 2 6 2006 14168 North Oak Park Blvd Oak Park Heights, MN 55082 --I RE: PINE GROVE GARDENS Oak Park Heights, MN Permit to Haul Earth Dear Mr. Johnson: We are requesting a permit to haul earth within the City of Oak Park Heights. Per your instructions, here is the information that you requested. 1. We will be hauling approximately 2,000 CY to Pete Millers Pit from the job 2. We will be hauling approximately 2,500 CY from our Lowes Site to the job 3. The sweeping will be done by Weyer for Hire 4. The environmental testing will be performed by Folz, Freeman, Erickson Engineering 5. The haul route we will be using is Oakgreen Avenue, north to the Frontage Road and then west to job If you have any other questions or comments, please feel free to call me at 651 -765 -1106. Sincerely, FRATTALONE COMPANIES 6 Kirby J. Smith Project Manager 3205 Spruce Street St. Paul, MN 55117 • Phone 651.484.0448 • Fax 651.484.7839 Toll Free 1.877.481.0448 www f rattalonecompanies. com CITY OF OAK PARK HEIGHTS PERMIT NO.: 2006 -00115 14168 OAK PARK BLVD. N. #2007 OAK PARK HEIGHTS, MN 55082 -2007 DATE ISSUED: (p -p 0 (651) 351 -1661 FAX: (651) 439 -0574 Itarl Art ADDRESS : 5769 OAKGREEN AVE N PIN : 04- 029 -20 -22 -0010 LEGAL DESC : N/A : LOT 0 BLOCK 0 PERMIT TYPE : BUILDING PROPERTY TYPE : COMMERCIAL CONSTRUCTION TYPE : GRADING VALUATION : $ 260,000.00 NOTE: PERMIT IS ISSUED FOR GRADING (10,000 CU. YDS) (VALUE $110K) AND UTILITIES, STREETS, CURBS & RELATED V ALUE $260K) OF THE DEVELOPMENT SITE KNOWN AS PINE GROVE GARDENS. COMBINED PERMIT HAS SURCHARGED MANUALLY CALCULATED TO COMBINE ALL AND IS BASED ON TOTAL PROJECT VALUE OF $370K. CONDITIONS TO THIS PERMIT ARE ATTACHED AND ARE INCORPORATED HERETO. CUBIC YARDS 10000 APPLICANT GRADING PERMIT FEE FRATTALONE COMPANIES INC STATE SURCHARGE - BUILDING 325.00 185.00 3205 SPRUCE ST BUILDING PERMIT BASE FEE LITTLE CANADA, MN 55117- 1,889.75 (651) 484 -0448 TOTAL 2,399.75 OWNER OAK PARK HEIGHTS DEV CO 760 STILLWATER RD MAHTOMEDI, MN 55115 -1528 AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to: (1) the conditions of this permit; (2) the approval plans and specifications; (3) the applicable city • approvals, Ordinances, and Codes; and, (4) the State Building Code. This permit is for only the work described, and does not grant permission for additional or related work which requires separate permits. This permit will expire and become • - and void if work is not started within 180 days, or if work is susp ilde4 or abandoned for a period of 180 days any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the Minnesota State Building Code. SEPARATE PERMITS' REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE. • City of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax (651) 439 -0574 June 19, 2006 TO: Frattalone Companies, Inc Attn: Dean Law, Site Supe 'n -nd; FROM: Eric Johnson, City Admini , • City of Oak Park Heights RE: Permits for Pine Grove Gardens —`E clearance, site/contour erosion control, site utilities, site work graying, etc. , pond storm sewer outlet systems, In addition to all Ci Ordinances and Codes the followin condi are incor i orated and made ' art of the Gradin bons and must be completed and/or followed by the • Permit 2006 -00115 ca 1. This permit has been issued to the Applicant (Frattalone Com anie for the land clearance, site /contour grading, erosion control, p s) installation of on site utilities, streets, curb &gutter, trails, storm se outlet systems (where applicable) as located on the property wer Pine Grove Gardens (the Project). The Applicant is responsible for all activities on the site. Other than utilities this permit does not include or authorize the construction of any dwelling unit or any part thereof. 2. This permit requires that the Applicant for the Project, comply in t with the grading plans, site plans and all other documents as ubm e by the Developer or Developer's Agent(s) and as approved by the d y City. The final gradi and site development plans were last submitted by the Developer's Agent (Todd Erickson) on June 12 2006. Those plans were found to be satisfactory and have received approval by the City Engineer. There shall be no deviations from such plans without the prior written consent of the City Engineer. 3. This permit requires that all wells that may be located on the site be closed utilizing the most complete and safe process to protect groundwater resources and per proper Minnesota Dept of Health and/or MPCA procedures. Only a Minnesota licensed firm specializing in well closure may perform and oversee such work. 4. In areas of any suspected land contamination, such as all existing buildings to be demolished and adjacent site areas, the Applicant shall secure an appropriate Minnesota licensed soils- scientist or environmental engineer to monitor and manage all excavations and/or demolitions. Should any unsafe or improper conditions be found, all work shall cease, the City, the Washington County Health Dept. and the MPCA shall be immediately notified in writing and then proper remediation activities shall be undertaken by the Applicant to correct and remediate any pollution sources. The City shall be notified by the Applicant, in writing, of all remediation or correction activities. 5. Any and all excavation debris, materials and equipment being removed from the City and/or that will be accessing public roadways shall be done in a method that is fully compliant with Minnesota state law, which includes the covering of loads, proper manifesting and final disposal. 6. No material may be removed from Project's property / development area and replaced and /or relocated within the * urisdictional limits of the City of Oak Park Heights without the City's prior and specific written consent for such placement. The Applicant shall first verify with the City should any material be leaving the site to a location within the City. Otherwise all material shall remain either on site or removed from the City. 7. Dust control techniques such as appropriate site watering and soil stabilizations shall be implemented and maintained at all times. The City streets must remain free and clear of all debris, dirt, dust, rocks, etc. at all times. The Applicant shall have on site and in operational condition a street sweeper and shall use such sweeper at least three times per day and may not leave such site at the end of the day until such time as the City road surfaces are free and clear of dirt, dust, debris, etc. Such street sweeper shall be a self- contained unit that applies water, performs an agitation and the vacuums /collects the residual materials. Failure to comply with such terms will result in the immediate issuance of a "STOP WORK NOTICE" and shall remain in place until such time as all areas are cleaned and steps are taken to prevent further impacts. 8. Operating of equipment shall not commence on at the site prior to 7 am and shall cease at 9 pm, Monday through Saturday. 9. The Applicant shall coordinate with the Developer and Developer's Agent to ensure continued compliance with all applicable terms and conditions of the Development Agreement for the Project. 10. The Applicant agrees and shall comply with all terms and conditions as found under the City's Right -of -Way Ordinance and Application documentation. No additional fees /escrow are required. 11. The City is required to inspect all public and private utilities being installed at the site including all connections and joints. The Applicant shall contact the City's Director of Public Works to coordinate inspections. Failure to secure necessary inspections will result in re- excavations at the Applicant's cost to confirm installation practices. 12.In lieu of appropriate copper tubing, the City will allow the use of HDPE for water service lines only. These lines extend from the housing unit to the D.I.P. private main(s). Failure of the A licant to com 11 with the conditions as set forth above ma result in this • ermit bein , revoked. This ' ermit ma be modified and/or amended by the City at anytime • CITY OF OAK PARK HEIGHTS PERMIT NO.: 2006 -00115 14168 OAK PARK BLVD. N. #2007 OAK PARK HEIGHTS, MN 55082- 2007 ISSUED: (651) 351 -1661 FAX: (651) 439 -0574 PRINTED WITHOUT ISSUING 6/19/2006 ADDRESS : 5769 OAKGREEN AVE N PERMIT APPLICANT: PIN 04- 029 -20 -22 -0010 FRATTALONE COMPANIES INC LEGAL DESC : N/A 3205 SPRUCE ST : LOT 0 BLOCK 0 LITTLE CANADA, MN 55117 - PERMIT TYPE : BUILDING PROPERTY TYPE : COMMERCIAL Z ` - CONSTRUCTION TYPE : GRADING PERMIT IS ISSUED FOR GRADING, UTILITIES, STREETS, CURBS & RELATED OF THE DEVELOPMENT SITE KNOWN AS PINE GROVE GARDENS DEVELOPMENT. PW / ENGINEERING SHALL SIGN OFF ON UTILITY & STREET WORK (MISC. INSPECTION) NOTE. CONDITIONS TO THIS PERMIT ARE ATTACHED AND ARE INCORPORATED HERETO. BUILDING INSPECTION RECORD 24 HOUR NOTICE REQUIRED FOR ALL INSPECTIONS. CALL FOR INSPECTIONS WEEKDAYS: INSPECTION TYPE DATE INSPECTOR INSPECTION TYPE DATE INSPECTOR EROSION CONTROL INSTALLATIII GRADING - MISC. INSPECTION - NOTE REQUI • D INSPECTION COMMENTS: IN ACCORDANCE WITH CITY ORDINANCE, NEW OR SUBSTANTIALLY REMODELED BUILDINGS SHALL NOT BE OCCUPIED UNTIL ALL WORK HAS BEEN APPROVED, AND A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING DEPARTMENT. THIS CARD MUST BE POSTED AND VISIBLE AT ALL TIMES UNTIL WORK IS COMPLETE. City of Oak Park Heights RIGHT -OF -WAY PERMIT APPLICATION I CITY PERMIT NO.: 1 2006- I PERMIT FEE: minimum CONST. PERMIT NO.: i 51 50.00 DATE: I APPLICANT INFORMATION: DEVELOPMENT/ ADDITION / LOCATION DESCRIPTION OR SITE ADDRESS: r CI. 4 . - 1 , % , E. G.4.a.DfJ S — oa k rLee>,., 14vE OWNER (Applicant): G S. ( L-t.., H S ca 1.„) ' / F A- TT 4- Lo ru F C ow4 UTILITY COMPANY: r LA- � 1 - Lot./ E (.gyp CONTACT PERSON: De A v LA V TELEPHONE NO: Cs")- - 0 P. � 1i/ Y�o ADDRESS: CITY. T r STATE: IN N ZIP CODE: S5 / / 7 CONTRACTOR INFORMATION: CONTRACTOR PERFORMING I �� WORK: h24 n- . A LAW F CONTACT NAME : 1J c-.4 /• LICENSE NO.: PHONE: • CONTRACTOR PERFORMING WORK MUST BE LICENSED BY CITY & PROVIDE REQUIRED INSURANCE CERTIFICATE • HOMEOWNER MUST PROVIDE CERTIFCATE OF INSURANCE NAMING THE CITY AS AN ADDITIONALLY INSURED, IN AN AMOUNT NOT LESS THAN $1000,000. WITHOUT SUCH PROOF OF INSURANCE NO PERMIT WILL BE ISSUED. TYPE OF WORK: M NE W PRIVATE UTILITY ❑COMMERCIAL DRIVEWAY - APRON rI--�� (WIDTH) Ft. ❑ D REPLACE/REPAIR RESIDENTIAL DRIVEWAY - APRON (WIDTH) Ft. CONNECTION TO CITY SYSTEM (RE' UIRESp . PAYMENT OF ACCESS FEE : XWATERMAIN El STORM SEWER SANITARY SEWER OTHER WHAT THE WORK WILL INVOLVE: (REQUIRES SECURITY TO PROTECT INFRASTRUCTURE / COMPLETE RESTORATION. Complex plans may incur additional costs for mitigation plan review and inspections. Must include erosion control, protective measures, and restoration plans – all new utilities must be fully located for future GSOC requirements based on the attached requirements for water, sewer and other utilities). S TREET OPEN CUT (requires approved plan with access, traffic control, and inspected full width restoration - security required) ❑PATHWAY CUT (requires approved plan with full width restoration and security for restoration) EXCAVATION IN BOULEVARD or CITY OWNED PROPERTY (requires approved plan and security for restoration) R.O.W. ACCESS (requires approved plan on use, control, mitigation and restoration. Must have full marking of new utilities) EXPLANATION OF WORK / ADDITIONAL COMMENTS: T In ' rt. P u- 0 o Mt„ p , ' .0 ■ A- , , vA 6 C. , % Co , ` - •v PROPOSED START DATE: ,j PROPOSED END DATE: 10 1 1 1 0 6 Applicant agrees to abide by and follow all applicable ordinances, laws, rules, and regulations of any other regulatory bodies, including but not limited to city, county, state or federal regulatory agencies. Applicant acknowledges that placement of its utilities in any Right -of -way is subject to the rights of the City Of Oak Park Heights. Damage, loss or destruction of applicant's facilities will not be restored, compensated or reimbursed by the City and in the event the City needs to remove or damage them in accessing its utility services in the area for any reason. Private utility locates are required by the owner and /or applicant for the utility and in perpetuity. The Applicant shall provide, at its sole expense, full "as- built" drawings for all infrastructure installed in the City Right -of -way. All "as- built" drawings shall be completed by a licensed Minnesota Engineer or Surveyor. "As- builts" shall be provided in paper and digital form acceptable to the City of Oak Park Heights including GPS coordinates in the Washington County Coordinate system. The City additionally reserves the right to remove and /or deactivate any and all installed infrastructure placed in its Right -of -way should these "as- builts" not be provided or should these prove inaccurate. The Applicant accepts in perpetuity the responsibility to perform at its expense all necessary locates (Gopher State One Calls) that may arise or be requested in the future by the City or other parties. The Applicant does release and hold harmless the City from any and all responsibility for utility / service locates. APPLICANT SIGNATURE — by your signature you accept and agree to all conditions as stated above. c),..„......AJ,. TITLE: -�- ,- 6 —/ y —os; t•1 ! S�P aft-2�• 7- f Avll E!� T DATE: TO BE COMPLETED BY CITY: LICENSE & /OR CERTIFICATE OF INSURANCE PROVIDED? YES / NO PERMIT EXPIRATION DATE: REQUIRED SECURITY: TYPE OF FINANCIAL SECURITY: ❑ CASH / CHECK APPROVAL SIGNATURE: 1 TITLE: DATE: FEE CALCULATION: ROUTING: Right -of -Way Fee: — Original to Finance Security Fee• Copies to: Public Works • Q Property File Total Due: tt/ f H -p 1 g Applicant PYQM t / 1 f4 k * yam' s r� .. - 4 t II 7 0 ,gyp'' v , / . Cr) � J � 1141 I,. `�{, m . • �J " # .1 1 4. J ¢ 9 lY` J r e e r Nye. • , � - ^. � i,!4• rwh Kt lit 4.,.,... 4 I i S A° , .F M� ! W _ . •; '' ''r i t :11, • \N 4. : • s:1c s } A � t T i 3 n1 �. ° . a 4, 14 ■ i 'W '.S. i p ate' wr Ni1+ ' z k , 0 n , he 1 s � a _� y ' J' a 't s T A f t • 1 'it t . -`ji 1 �> F y Ii y y fY • II Jy . r *WOW' ,•T TES q La7-er Wiling Labels Use template CEG0320 Jim - Proof ANCHO BAY PRO INC ANDERSON,LISA J BAKER,CYNTHIA A 13991 60TH ST CT 13971 N 60TH CT PO BOX 119 STILLWATER MN 55082 STILLWATER MN 55082 STILLWATER MN 55082 BIXBY,DEBORAH K BLAISDELL,MICHAEL J BOLAND,WILLIAM M 13981 60TH ST CT N 203 13991 60TH ST 1621 NAMEKAGON ST OAK PARK HTS MN 55082 STILLWATER MN 55082 HUDSON WI 54016 • I • BRITZ,CHARLES & •CLARK,TIFFANY I BROWNING & WOLFF ENT LLC j CITY OF OAK PARK HEIGHTS 13991 60TH ST CT N 13961 60TH STN 14168 OAK PARK BLVD STILLWATER MN 55082 ! STILLWATER MN 55082 PO BOX 2007 STILLWATER MN 55082 • CONNERS,STEVEN R CSM EQUITIES LLC DERDZINSKI,EDWARD 13991 60TH ST CT N 500 WASHINGTON AVE 13991 60TH ST CT STILLWATER MN 55082 MINNEAPOLIS MN 55415 • STILLWATER MN 55082 ESTES,PATRICK L FRITSCHE,ROBERT W &CYNTHIA A GERBOTH,CONSTANCE L 5770 OAKGREEN AVE N 13971 60TH ST CT N 13971 60TH ST CT N STILLWATER MN 55082 • OAK PARK HEIGHTS MN 55082 STILLWATER MN 55082 GRAMENZ,WILLIAM E & SANDRA K GREEN TWIG LLC : GREENE,TAMMY M 12201 27TH STN 775 GREEN TWIG WAY I 13991 60TH ST CT N LAKE ELMO MN 55042 • ' { STILLWATER MN 55082 ! , STILLWATER MN 55082 • HALL,DANIAL A & LOIS J HOM4ME INC HOOLEY,KATHLEEN M 13999 60TH STN • 15185 CARROUSEL WAY 13971 N 60TH ST -#108 STILLWATER MN 55082 • ROSEMOUNT MN 55068 STILLWATER MN 55082 J K & K GROUP LLP JOHNSON,SIMON O& JORDYCE M LINDER,JOY I 11550 STILLWATER BLVD N 5725 OAKGREEN AVE N 13981 N 60TH ST CT 204 STE #106 STILLWATER MN 55082 OAK PARK HTS MN 55082 LAKE ELMO MN 55042 • I•I L1NQUIST,MABEL L LIPINSKI,PAULETTE MALMGREN,ROSE A 12345 77TH ST N 13971 60TH CT N - #106 1526 23RD ST - STILLWATER MN 55082 STILLWATER MN 55082 HOULTON WI 54082 MISENOR,CATHLEEN & BROCHMAN,M MN DEPT OF TRANSPORTATION MYRLIE,COLLIN D 13971 60TH ST CT N 395 JOHN IRELAND BLVD 15185 CARROUSEL WAY STILLWATER MN 55082 ST PAUL MN 55155 ROSEMOUNT MN 55068 f% / E Corporate !SIGNATURE \( 1.888.CE TODAY (238.632' xpress" �c V uJ .... - - \AIIIII\A/ Laser Mailing Labels Use template CEG0320 Jam-Prdof MYRLIE,COLLIN D & HEATHER L ' MYRLIE,ORLIN D & JUDITH A ' , NSP/XCEL ENERGY 15852 CINNAMON WAY j , 3621 ASHBURY RD 414 NICOLLET MALL •OSEMOUNT MN 55068 EAGAN MN 55122 MINNEAPOLIS MN 55401 : OAK PARK HEIGHTS DEV LLC ' PALMER,ALLAN H & MARGARET L j PALMER,ALLAN T 760 STILLWATER RD 5625 OAKGREEN AVE N - . 5625 OAKGREEN AVE N MAHTOMEDI MN 55115 , ' STILLWATER MN 55082 j STILLWATER MN 55082 i • PATON,ROBERTA C PINGEL,CHARLES & LISA R ! , 1 RITZER,JOHN A 13971 60TH CT N i 1 1 5830 OAK GREEN AVE N 919 5TH AVE S STILLWATER MN 55082 ,;! STILLWATER MN 55082 STILLWATER MN 55082 SANDERSON,PAMELA S ETAL SHATTUCK,LORI J � SPLITTSTOESSER,HAROLD R & LY 14010 54TH ST 13991 60TH ST CT N 306 57 10 O AKGREEN AVE N STILLWATER MN 55082 i STILLWATER MN 5508 2 STILLWATER MN 55082 i • STABNER,ALLEN & BARBARA ! L ! STATE OF MN -DOT STILES,SCOTT H 15135 ELMCREST AVE N 1500 W CO RD B2 13991 60TH ST HUGO MN 55038 ROSEVILLE MN55113 STILLWATER MN 55082 SUTHERLAND,CONNIE LEE VALERI,NORMA L TRS j VALLEY SENIOR SERV ALLIANCE 13981 60TH ST CT N j 9 422 TOWNLINE RD SW ! ' •!. 2 845 HAMLINE AVE N STILLWATER MN 55082 ' 1 FORT RIPLEY MN 56449 ROSEVILLE MN 55113 • WOLFF,STEVEN J & ANN L • 701 HARRIET DR S • • STILLWATER MN 55082 ' • 1 i f CooressTM rporate, s i G N A T U R E 1.888.CE TODAY (238.63: U Ex un.n.l rnrnnrn4aCvnrmer rnm 5111r4 %imams a�nMv e, Jari 0nd Smudge Free Printing www:ave con- C\ • • Use Avery@ TEMPLATE 5160® ��° 1- 800 -GO -AVE 'A� ®5160® ABRAHAMSON,LESLIE & LORI ANCHO BAY PRO INC ANDERSON,CAROLINE ANN 13990 56TH ST 13898 55TH ST N STILLWATER MN 55082 PO BOX 119 STILLWATER MN 55082 • STILLWATER MN 55082 • ANDERSON,LISA J ANDERSON,MAURITZ E & NORMA L i ANTHONY,TOMMY D & ROBIN R 13991 60TH ST CT #303 i . 13902 56TH ST 13992 55TH ST N STILLWATER MN 55082 STILLWATER MN 55082 OAK PARK HEIGHTS MN 55082 • • • • AUER,JOHN A & DEBRA L BAILEY,LOUIS E & DIANE C BAKER,CYNTHIA A • 13938 56TH STN 13891 56TH STN 13971N 60TH CT • OAK PARK HEIGHTS MN 55082 STILLWATER MN 55082 STILLWATER MN 55082 • BENSON,DAVID J & ANN M ; ' IX BBY,DEBORAH K BLAISDELL,MICHAEL J 5668 NOVAK AVE N 13981 60TH ST CT N 203 13991 60TH ST #302 STILLWATER MN 55082 { OAK PARK HTS MN 55082 STILLWATER MN 55082 • � I , BOCKMAN,TIMOTHY J s BOLAND,WILLIAM M BRITZ,CHARLES & CLARK,TIFFANY 14151 60TH STN 1621 NAMEKAGON ST #46 13991 60TH ST CT N #308 STILLWATER MN 55082 • HUDSON WI 54016 STILLWATER MN 55082 BROWN,AMY B BROWNING,CHRISTOPHER G & AMY M CALKINS,MICHAEL J 13898 56TH ST N s 237 RUTHERFORD RD 13991 60TH ST CT N STILLWATER MN 55082 STILLWATER MN 55082 • STILLWATER MN 55082 • • CASPERS,TIMOTHY & VALESSA COLE,DAVID G & SHARON A 13950 56TH ST N s 5634 OBRIEN AVE N STILLWATER MN 55082 OAK PARK HTS MN 55082 • CONNERS,STEVEN R CREA,GREGORY C & JEANNE Ms DIEDERICH,CHRIS P & LYNN R 13991 60TH ST CT N 5553 NOVAK •AVE N 13910 N 56TH ST STILLWATER MN 55082 STILLWATER MN 55082 • STILLWATER MN 55082 ESTES,PATRICK L EVENSON,KARL R & JENNIFER A FALZONE,JOHN C& SABRINA M 5770 OAKGREEN AVE N s 1381655TH STN 13980 55TH ST N STILLWATER MN 55082 I OAK PARK HEIGHTS MN 55082 OAK PARK HEIGHTS MN 55082 I I I � • FEDIE,DAVID LEE & DOROTHY 5 FEUSTEL,TODD M/THIER,KRISTA FISSEHA,MAASHO & ZERAI I 5531 OAKGREEN PL N 13868 55TH ST N 13848 55TH ST N OAK PARK HEIGHTS MN 55082 STILLWATER MN 55082 OAK PARK HEIGHTS MN 55082 �f7. �■ � / { \ \pO { A!I3AV-O9-008-1. ® @O9L5 l!aege6 009.LS .TACIgIA \ V// 1 111A,•A1 A0•AAAAAA =owing nAn..,,c o in nAn1Nriti 1.,.,0 .I/1u1Cl wino . Jar#r and Smudge Free Printing www.avery.cor C\ AVERY® 5160® Use Avery® TEMPLATE 5160® 1- 800- GO -AVEfi FRITSCHE,ROBERT W &CYNTHIA A FROST,STEVEN R & STARR GACKE,RICHARD L & VICKIE L 13971 60TH ST CT N #103 5555 NOVAK AVE N 13964 56TH ST OAK PARK HEIGHTS MN 55082 STILLWATER MN 55082 STILLWATER MN 55082 GARGANO,DENNIS P & KATHRYN A • GERBOTH,CONSTANCE L GRAMENZ,WILLIAM E & SANDRA K 806 ASHLEY DR 13971 60TH ST CT N #102 12201 27TH ST N CHASKA MN 55318 STILLWATER MN 55082 LAKE ELMO MN 55042 • GREEN TWIG LLC I I GULLICKSON,HENRY M & ROBIN A HAASE,ELMER & RUTH 775 GREEN TWIG WAY 1 ! 5535 OAKGREEN PL N 5610 NORWICH PKWY #425 STILLWATER MN 55082 I ! OAK PARK HEIGHTS MN 55082 OAK PARK HEIGHTS MN 55082 I • • • HALL,DANIAL A & LOIS J HANSON,DEBRA A I ' HAVE,MARK R & ALICE J 13999 60TH STN 14224 57TH STN 13991 60TH ST C #304 STILLWATER MN 55082 STILLWATER MN 55082 STILLWATER MN 55082 HEDLUND,CHARLES W & SUSANNE HENDRICKSON,TIMOTHY A & CHRIS HOFF,WARREN R & AMY 13991 56TH STN 13961 N 56TH ST 13887 56TH ST N OAK PARK HEIGHTS MN 55082 STILLWATER MN 55082 STILLWATER MN 55082 HOM4ME INC HOOLEY,KATHLEEN M HOULE,THOMAS A & GLENDA M 15185 CARROUSEL WAY #101 1 13971 N 60TH ST-#108' 5676 NOVAK AVE N ROSEMOUNT MN 55068 • ! STILLWATER MN 55082 OAK PARK HEIGHTS MN 55082 I J K & K GROUP LLP ' JELINEK,STEVEN J & KIMBERLY JOHNSON,BEVERLY A 11550 STILLWATER BLVD N 5557 NOVAK AVE N 13796 55TH ST N STE # 106 OAK PARK HEIGHTS MN 55082 ' STILLWATER MN 55082 LAKE ELMO MN 55042 JOHNSON,SIMON 0 & JORDYCE M ' I KNISKERN,TERRY J & JEAN M • KRUSE,PATRICK D & COLLEEN M 5725 OAKGREEN AVE N • 5664 NOVAK AVE N 13948 55TH ST N STILLWATER MN 55082 OAK PARK HEIGHTS MN 55082 OAK PARK HEIGHTS MN 55082 KUSEL,DEAN A LANDGREN,THOMAS K & LOUISE A LEITZEN,MICHAEL R 13900 55TH ST N 5674 O'BRIEN AVE 14206 57TH ST N OAK PARK HEIGHTS MN 55082 OAK PARK HEIGHTS MN 55082 STILLWATER MN 55082 LINDER,JOY I LINQUIST,MABEL L LIPINSKI,PAULETTE 13981 N 60TH ST CT 204 12345 77TH STN 13971 60TH CT N -#106 OAK PARK HTS MN 55082 STILLWATER MN 55082 STILLWATER MN 55082 0915 ®A���/ A113/W ® 009 LS 1Jege6 a1 zasi�i � ® worluene.Nvu n ,®.,•1 ap[ dea a6etpes e 1a a6e.unogllue uoissaadwi Jam and Smudge Free Printing www:avery.ca^1 ' C\ AVERY® 5160® • • Use Avery® TEMPLATE 5160® �' 1- 800 -GO -AVE IJ LOMBARD,JOEL R LOOTS,DEBRAH � I MALMGREN,ROSE A 5527 OAKGREEN PL N 13884 55TH STN 1526 23RD ST STILLWATER MN 55082 STILLWATER MN 55082 HOULTON WI 54082 MCQUILLAN,JOSEPH G & KAREN! � MEYER,ROGER 0& SHARON M MILLARD,JAMES M & SHARON J 5558 NOVAK AVE N HE 1 5654 O'BRIEN AVE 13980 N 56TH ST OAK PARK IGHTS MN 55082 ! � f STIL MN 55082 STILLWATER MN 55082 t. I MISENOR,CATHLEEN & BROCHMAN,M 1 MN DEPT OF TRANSPORTATION MYRLIE,COLLIN D & HEATHER L 13971 60TH ST CT N #101 1 395 JOHN IRELAND BLVD ! , 1582 CINNAMON WAY STILLWATER MN 55082 ST PAUL MN 55155 1 ROSEMOUNT MN 55068 MYRLIE,ORLIN D & JUDITH A , � NOGLE,CHARLES J JR & MICHELE K NORDEEN,QUENTIN W & EVELYN E 3621 ASHBURY RD 5554 NOVAK AVE N 5565 OAKGREEN AVE N EAGAN MN 55122 l STILLWATER MN 55082 STILLWATER MN 55082 I 1 NORUM,JAMES A & KAREN A I NSP/XCEL ENERGY ODEBRECHT,LAURANCE K & TARA M 5552 NOVAK AVE N I 414 NICOLLET MALL 13966 55TH ST N OAK PARK HEIGHTS MN 55082 MINNEAPOLIS MN 55401 ' I STILLWATER MN 55082 I , 1 PALMER,ALLAN H & MARGARET L ' I PALMER,ALLAN T PALMER,STEVEN F & LAURA D 5625 OAKGREEN AVE N 5625 OAKGREEN AVE N 13915 56TH ST N STILLWATER MN 55082 ` I STILLWATER MN 55082 STILLWATER MN 55082 I PATON,ROBERTA C ' PAUL,KEITH A PINGEL,CHARLES & LISA R 13971 60TH CT N #105 13935 56TH STN 5830 OAK GREEN AVE N STILLWATER MN 55082 STILLWATER MN 55082 STILLWATER MN 55082 RITZER,JOHN A ROESKE,ERIC P & MOLLY B ' SANDERSON,PAMELA S ETAL I 919 5TH AVE S 5672 NOVAK AVE N 14010 54TH ST STILLWATER MN 55082 STILLWATER MN 55082 STILLWATER MN 55082 SEABORG,SCOTT A & KATHRYN J SELBY,ANDREA & LINDEEN,MICHAEL SHATTUCK,LORI J 5562 NOVAK AVE 13945 56TH STN 13991 60TH ST CT N 306 OAK PARK HEIGHTS MN 55082 ! STILLWATER MN 55082 STILLWATER MN 55082 SIGSTAD,GERALD M & BONITA A SLAVIK,JAMES F & CAROL V SPLITTSTOESSER,HAROLD R & LY 7425 LAKE BLVD 14201 57TH ST N 5710 OAKGREEN AVE N HWY 8 STILLWATER MN 55082 STILLWATER MN 55082 FOREST LAKE MN 55025 , � � A83AV-09 ® ®09LS 1.pege6 a1 zasi E f1 en09LS ®AN AH 1 111 lilt Iwwn'MMM adide, a6eunac a is a6ennoaiiue uoissaidwi . JM and Smudge Free Printing www.avery.cr-- C\ AVERY® sloe Use Avery® TEMPLATE 5160® 1-800-GO-AVL STABNER,ALLEN & BARBARA ' ! STAFNE,DEWAYNE G • STATE OF MN-DOT 15135 ELMCREST AVE N 1 5614 O'BRIEN 395 JOHN IRELAND BLVD HUGO MN 55038 OAK PARK HEIGHTS MN 55082 ' MAIL STOP 632 ST PAUL MN 55155 STILES,SCOTF H SUTHERLAND,CONNIE LEE THOMAS,RODGER J &ELIZABETH J 13991 60TH ST #305 ; 13981 60TH ST CT N • 14190 N 57TH ST STILLWATER MN 55082 STILLWATER MN 55082 • STILLWATER MN 55082 • ! VALERI,NORMA L TRS VALLEY SENIOR SERV ALLIANCE VICHOREK,SUZANNE M . 9422 TOWNLINE RD SW 3220 LAKE JOHANNA BLVD ' 14191 60TH ST N FORT RIPLEY MN 56449 NEW BRIGHTON MN 55112 I OAK PARK HEIGHTS MN 55082 . , VSSA HOUSING & COMM SERV LLC WELSHONS,ERIC R & AMY G • WOLFF,STEVEN J & ANN L • 3220 LAKE JOHANNA BLVD 13922 56TH ST N - 701 HARRIET DR S NEW BRIGHTON MN 55112 ; STILLWATER MN 55082 STILLWATER MN 55082 YOUSSEF,SAMY R & VIOLETTE H ! ZEULI,CHRISTOPHER T & GINA L • 3 w at/Az-ha:1 13834 55TH ST N • 5681 N NOVAK•AVE • OAK PARK HEIGHTS MN 55082 - STILLWATER MN 55082 • . , • , • • I , i • • .• ; I ; I • ! i • • . . • • -• • • • • OU 41V OS Ali9AV-0 0091.5 Ilieqe el restillil 61 0915 etial3AV WOrAJOAWAKMA/1/4 1111•1111•11111111011 1••••■■••■ anidei efietnes e a6eimoonue uoissaidtui Asffre • ECKBERG LAMMERS Iii ATTORNEYS AT LAW 1809 Northwestern Avenue, Suite 110 Stillwater, Minnesota 55082 Writer's direct dial number: (651) 439 -2878 (651) 351 -2118 Fax (651) 439 -2923 www.eckberglammers.com October 19, 2005 James Lammers Robert Briggs Mark Vierling Thomas Weidner Susan Olson David Snyder Sean Stokes Baiers Heeren Mr. Eric A. Johnson Laura Domagala City Administrator Joshua Christensen City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: Pine Grove Gardens Final Development Agreement Dear Mr. Johnson: Enclosed herewith please find in triplicate the original Development Agreements for this particular project. Please keep in mind that you are to collect the following prior to release of either the plat or the Development Agreement: a. Cash park dedication fee - $91,000.00; b. Tree protection/replacement fee - $(part of Plan B's); c. Plan A security letter of credit - $590,850.00; d. Plan B letter of credit - $286,200.00; e. Connection charges: Sanitary sewer - $11,,320.55; Water - $19,694.40; Storm sewer - $24,935.05; and, Cash escrow to be paid to the City relative to onsite supervision — to be determined by City Administrator. ECKBERG, LAMMERS, BRIGGS, WOLFF 8 VIERLING, PLLP Family Law / Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning / Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation October 19, 2005 Page 2 Please be reminded that this office will need a signed copy of the Development Agreement, as well as one signed copy of the PUD permit returned to this office for purposes of recording in the office of the County Recorder. The PUD permit is also provided in triplicate for your use as well. If you have any further questions on this • z t, please feel free to contact me. Yours v Mar . ' ierling MJV /sdb Enclosure 1 ab,T Minnesota Department of Transportation Metropolitan District %.„,,," Waters Edge 1500 West County Road B -2 Roseville MN 55113 -3174 October 19, 2005 Mr. Todd Erickson, P.E. Foltz, Freeman, Erickson, Inc. 5620 Memorial Avenue North Stillwater, MN 55082 RE: Pine Grove Gardens Drainage Permit Application D -05 -11013 Water Resource Engineering Comments Dear Mr. Erickson: The Minnesota Department of Transportation (MnDOT) has received a Drainage Permit Application for the Pine Grove Gardens development located in the City of Oak Park Heights (City). The following issues need to be addressed before MnDOT can approve the Drainage Permit. 1. As you are aware, MnDOT has been working with the City on a project that involves the construction of a new bridge across the St Croix River. This project also involves the re- construction of the intersection of Oakgreen Avenue North and TH36. The location of the proposed wet pond for the Pine Grove Gardens development conflicts with the location of proposed MnDOT Right-of- Way for the configuration of the intersection of Oakgreen Avenue North and TH36, which the City has previously approved. Included is a copy of the proposed layout of the intersection for your review. The following two options are acceptable to MnDOT: a) Relocate the wet pond and any other structures for the Pine Grove Gardens development outside of the proposed MnDOT Right -of -Way boundary. b) Work with MnDOT to determine if the proposed wet pond for the re- construction of the Oakgreen Avenue North and TH36 intersection can be sized to treat both the quality and quantity of the increased runoff from the 11 Pine Grove Gardens development and develop a cost estimate associated with this work. If the MnDOT pond can handle the increased runoff, the t S Pine Grove Gardens development will need to work with the City to develop some form of a cost share agreement and development plan to rik temporarily treat stromwater until the MnDOT pond is constructed. Once that is complete, MnDOT,can develop a cost share agreement with the City. The cost share agreement is necessary so the Pine Grove Gardens development can pay ror any increase to the wet pond and associated piping that is needed to treat both the quality and quantity of the increased runoff from the Pine Grove Gardens development. An equal opportunity employer 10/19/2005 Page 2 Whichever option is chosen, the following items are needed to complete the drainage review; 2. Provide existing and proposed drainage area maps that clearly show the drainage area boundaries. Make sure that they are consistent with the drainage area boundaries in HydroCAD. Also provide the time of concentration flow paths for each basin and drainage arrows for each basin. Identify the drainage area for the proposed bituminous trail. If it drains to MnDOT right -of -way, indicate how the quality and quantity of the increase in runoff will be treated. 4. If the wet pond is relocated or a temporary pond is constructed, please address the following issues; a) Check that the details of the outlet structure in the HydroCAD model match the plan set. b) Provide a detail of the emergency overflow structure in the plan set. c) The plan set identifies a 10:1 bench; however, the proposed grading lines do not identify a bench. Adjust the proposed grading lines to show a 10:1 bench. Please note that this letter ONLY relates to water resource issues. It does not address other Mn/DOT related concerns or issues. If you have any questions, please contact me. S - ely, Rusty Nereng, P.E., CPESC WRE Project Manager (651) 634 -2111 CC: Eric Johnson, Administrator - City of Oak Park Heights David Filipiak, P.E. - SRF Consulting Group, INC. 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I 1 .r p ;g 49. 9 1 _ " ., . _.111// I� �^� s , a ll I � I II 1 V 1 1 I di I it g _ 1\ \ \ I , / ;x Ett r ' \\\ \ - �// b \\\ \ \\ p @ � 1 l IL " 3 a. ruvdot AY A313340 -- i _ _ ` - "" — — — M\ \ ° \\ «m b o — — \\ aaez /rsrsJ frosriaoiz s i �, `� \• y\\ \ \\ a tt/VSK "r T I C \ \ \ / A313389 Z y 'I } r --I I \ r " \\ \ \ "3 L VON/ aosz o '3A A3 e � Iii I \ ` t >.\\ \ \\\ •- roouaotc a \ $ � w to � I I / � \\ rrs,e/atts 4,L, I`y�.. !, " a f _ —_ Iii —_.,/ cv on \\ \. i . 1 ; -I F= ¢ [J 1 Ois i I • A n )'i 1 J I f1T . , ]-`% ( !JnTfl� v I I /n I I ul I - -- —\ Ali _ I I I I rI I � \\ — III 1i ._ —_ , N Bonestroo 2335 West Highway 36 • St. Paul MN 55113 Rosene Office: 651 - 636-4600 • Fax: 651-636 - 1311 MEM Andertik & wwwt>onestroo cam Associates Engineers & Architects August 19, 2005 - vw Mr. Eric Johnson, Administrator 0 City of Oak Park Heights 14168 Oak Park Boulevard P.O. Box 2007 ry` Oak Park Heights, MN 55082 -2007 " Re: Pine Grove Gardens Plan Review BRA File No. 55 -05 -000 Dear Eric: We have reviewed the plans for the proposed Pine Grove Gardens development as submitted by Folz, Freeman, Erickson, Inc. and have the following comments and/or recommendations for your consideration: General Comments 1. Submit an updated plat for review.. 2. Verify the requirements for easements on the following two items: • There is a 4' wide concrete sidewalk that extends east to the City's bituminous pathway. • The pond outlet, which will be privately owned, discharges beyond the property boundaries. 3. The fire chief should approve the plans prior to the City issuing the grading permit. Sheet C2.1 1. The ro osed bituminous removal area is not clean identified on the plans. The p y pans e h hatching presently used for this item is similar to the hatching used to define the wooded area.. • St Paul. St Cloud. Rochester. Willmar. MN • Milwaukee, WI • Chicago. 1L Affirmative Action /Equal Opportunity Employer and Employee Owned 2. In Note 4 it states that silt fence shall be installed immediately after tree clearing. This note should be revised to state that the silt fence shall be installed prior to the start of any work. Sheet C3.1 1. The hatching for the topsoil spreading area is not clearly defined. The proposed hatch is similar to the hatch for the wooded area. Sheet C 4.1 1. Verify that the building official will accept a drainage swale under the deck areas. If the swale is acceptable, maintain a minimum of 1' freeboard from the bottom of the swale to the lowest opening in the building. 2. Detailed design drawings and calculations for the retaining walls shall be submitted to the City for review and approval prior to construction. Sheet C6.1 1. Are structures 109 and 110 a small 27" diameter structure? If so, a detail for this structure should be shown on the detail sheets. 2. Submit for the review the Rational Sheet calculations for the storm sewer sizing. 3. Submit for review an updated HydroCAD model for the pond. Our most current model was received in December 2004, which was based on a previous and different concept site plan. 4. Submit additional information on the pond discharge. • Who owns the property where the pond discharges? • Where does the water go after leaving the FES? • Any measures required to prevent erosion? • Is a MNDOT permit required? Sheet t C7.1 1. Verify the City name and call outs on Notes 1 and 2. 2. The water main can be buried a minimum of 73 feet to top of pipe. 3. Between MH 4 and MH6 it appears that pipe conflicts may occur with the water main and the sanitary services to the units. 4. The sanitary sewer from MH 4 to MH 6 is not shown in plan view. l 5. The current plans do not show gate valves locations or elevations on the hydrants. 6. Verify the proposed fire hydrant incorporates an AFC - Waterous Storz Nozzle. II ; The hydrant pumper nozzle shall be of one -piece design, compatible with a 5" Storz hose coupling. The nozzle shall be an integral part of the fire hydrant and must be furnished by the manufacturer or authorized distributor designated by the manufacturer. Storz adapters will not be accepted. 7. The drawings show the development connecting to the City's proposed water and P sewer system. After execution of the Developer's Agreement and recording of the Y Pe gT final plat, the City will complete the construction documents for these utilities. a public sanitary sewer and water main needs to be finalized, alignment of th pub s tary , giving consideration to future development on the west side of Oakgreen Avenue North and the southwest corner of Oakgreen Avenue North and 58 Street. Elevations and locations of the utilities should be verified with the Engineer. Construction of the utilities will start in 2006. Sheet C8.1- C8.6 1. The street typical section shows a street width of 30 feet. The drawings scale a street width of 26.5' B -13. 2. The typical section for the street appears low on aggregate base. Provide YP PP 8re Geotechnical recommendations for the pavement section. 3. o A dd the size the orifice to the and outlet. f pond If you have any questions or require additional information, please contact me at (651) 604 -4788 or Dennis Postler at (651) 604- 4815,. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES INC r Karen S. Erickson, P.E. cc: Tom Ozzello, Public Works Director Jim Butler, Building Official Scott Richards, City Planner Mark Vierling, City Attorney Todd Erickson, Folz, Freeman, Erickson, Inc. DMP, BMK, File — Bonestroo & Associates 2335 West Highway 36 • St. Paul, MN 55113 Bonestroo ■ Rosene Office: 651- 636-4600 • Fax: 651- 636-1311 Anderlik & www.bonestroo.com Associates Engineers & Architects October 21, 2005 Honorable Mayor and City Council City of Oak Park Heights 14168 Oak Park Blvd., P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Re: Oakgreen Avenue Utility Improvements Study BRA File No. 55 -05 -139 Dear Mayor and Council: As per direction of the City Staff we have reviewed the feasibility of installing municipal utilities in Oakgreen Avenue. These improvements are necessary to service the Pine Grove Gardens Development with sanitary sewer and water main. Following is a description of the required improvements, an estimated cost analysis and recommended assessments. This project will start in the spring of 2006 and be completed by the summer. As shown in Figure 1, the project is located on Oakgreen Avenue, between 58 Street and the entrance to Hom4Me Townhomes. It will provide municipal sanitary sewer and trunk water main to support the Pine Grove Gardens Development. In the future, these utilities can be extended south to serve developments in the Johnson, Palmer and Junker properties should they develop. Sanitary service will be provided by connecting to an existing 8 -inch line south of the Hom4Me Development. The sanitary main will extend south on Oakgreen Avenue, terminating at the south property line of the Pine Grove Gardens Development. The sanitary sewer will be installed at a depth to also service any future development on the Palmer Property. The proposed layout of the sanitary sewer is shown in Figure 2. The proposed water main, as shown on Figure 2, will connect to the existing water main south of Highway 36. The water main will extend south on Oakgreen Avenue and connect with the existing water main just north of 58 Street. The proposed water main is a 12 inch trunk line, per the City's Comprehensive Water Distribution System Plan, and is larger than necessary to serve the Pine Grove Gardens Development. As a result, Pine Grove Gardens shall be reimbursed for oversizing from an 8 inch to 12 inch water main. In addition, reimbursement will be provided for the extension of the water main past the south property line of the Development. St. Paul, St. Cloud, Rochester, MN • Milwaukee, WI • Chicago, IL Affirmative Action /Equal Opportunity Employer and Employee Owned The construction of these utilities will result in the removal of the bituminous surface on Oakgreen Avenue. Due to the uncertainty of the Highway 36 roadway improvements and its impact on Oakgreen Avenue, it has been decided to restore Oakgreen Avenue to its current rural, 9 -ton, 24 foot wide bituminous roadway. For a portion of this construction a row of trees exists in the boulevard that provide an aesthetically pleasing canopy over Oakgreen Avenue. Through the canopy area the construction will be done in such a manner to minimize the impact to the trees. The depth of the sanitary sewer will be at a minimum to serve the future development in the Palmer Property and a construction box will be used during the installation. These two procedures will narrow the trench width and therefore, reduce the impact to the root system. The estimated cost for this project is summarized in the table below. The totals include a 10% allowance for contingencies and an additional 25% for design, inspection, testing, legal and administration. A detailed cost estimate for the improvements is attached. Estimate Project Cost Item Cost Sanitary Sewer $61,700.00 Water Main $92,000.00 Streets $121,700.00 Supplemental Services- Preliminary Survey $3,100.00 Total Estimated Project Cost $278,500.00 Any future development on the west side of Oakgreen Avenue will be served with sanitary sewer and water main from the north and/or west. The only property being served by this project is the Pine Grove Gardens Development and as such, will be assessed for the majority of the project. Pine Grove Gardens Development shall receive cost benefit for the following items: • Up sizing sizin from an 8" to 12" water main. • Extension of the 12" water main past the Pine Grove Gardens south property line to 58 Street. • Removal and Replacement of Oakgreen Avenue past the south property line of Pine Grove Gardens. The estimated total cost benefit for the above items is $39,300.00, as itemized in the attached cost estimate. The table below shows the estimated assessments to the Pine Grove Gardens Development. These costs include the 10% allowance for contingencies and an additional 25% for design, inspection, testing, legal and administration. Pine Grove Gardens Estimated Assessments Item Cost Sanitary Sewer $61,700.00 Water Main $62,900.00 Streets $111,500.00 Supplemental Services- Preliminary Survey $3,100.00 Total Estimated Assessments $239,200.00 This project is necessary to provide municipal sanitary and water main servic - ids°- e Pine Grove Gardens Development. The City cost for the project is estimated at 9,31:.00, of which a portion of the cost can be recovered when the Johnson Property connects to the water main. We would be pleased to meet with the City Council and Staff to discuss our report at any mutually convenient time. If you have any questions or need additional information please feel free to contact me at (651) 604 -4788 or Dennis Postler at (651) 604 -4815. Respectfully Submitted, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. iekl41 c'EAd3,0r.fv•-_ Karen S. Erickson, P.E. Attachments- Figurel Figure 2 Cost Estimates cc: Eric Johnson, City Administrator Scott Richards, City Planner Mark Vierling, City Attorney Todd Erickson, Folz, Freeman, Erickson, Inc. DMP, BMK, File — Bonestroo & Associates K:55'5505139 woni draft reports ,draft reports feasibility eport I0 -31 -05 r 4 , CNI / , . �_ - ; o es Ln 3 a as N ! 0 VI C r 13 O L E: =. OO g O rn r t. m Q 0 .: , ,, _ -�� W O . „ , , „ . . . . 1 . t O i) � v :.,..., ,,,, r , ,...... ,, ,,, i c E -max ' ▪ r c � _ � . irk 'v7 :.k.... \ i ' ..T'r T �" I t i l L s r-t 1 1 L :' . .....x ., 1..1., i 4�i Ii r , T� +� � i � 1 r ¢ 1 +- 4 ; ice.... L , �r r — `P*^r- t -rT*� ;T r, h IJr � I . o 1 +-. `-'.y,, ; qI ty ` • !tom e u 1r r t - 0 � ' i i t3 _ _ fi r,. .�, N' fr ( } "_1. - �, ,� L "'�... F � h + N + 0 . 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City of Oak Park Heights PROPOSED UTILITY LOCATIONS T Oakgreen Ave. Utilities Bonestroo Proposed Feasibility Report a n ene Sanitary Aderllk & Proposed Trunk Figure 2 Associates S: n-• Water Main E ngineers & Architects CITY OFO.9tiP4RKHEIGHTS 0 200 400 October 2005 Scale in feet k: \55\ 5505139 \Cad \dwg \5505139F101.dwg OAKGREEN AVENUE UTILITIES Estimated Costs- Feasibilty Study 10/17/2005 Item No. Item Unit Quantity Unit Price Total Price SANITARY SEWER 1 Mobilization LS 1 $5,000.00 $5,000.00 2 Traffic Control LS 1 $3,000.00 $3,000.00 3 Root cutting LF 1200 $2.50 $3,000.00 4 Connect to Existing Sanitary Sewer EA 2 $800.00 $1,600.00 5 8" PVC Sanitary Sewer SDR 35 LF 695 $35.00 $24,325.00 6 4.0' Diameter MH EA 3 $1,800.00 $5,400.00 7 Silt Fence LF 1000 $2.50 $2,500.00 SANITARY SEWER $44,825.00 10% CONTINGENCY $4,482.50 TOTAL CONSTRUCTION $49,307.50 25% ENGINEERING, LEGAL & ADMIN $12,392.50 TOTAL COST SANITARY SEWER $61,700.00 Item No. Item Unit Quantity Unit Price Total Price WATER MAIN 1 Connect to Existing watermain EA 3 $1,000.00 $3,000.00 2 12" DIP CL. 52 Water Main LF 990 $45.00 $44,550.00 3 8" DIP CL. 52 Water Main LF 40 $35.00 $1,400.00 4 6" DIP CL. 52 Water Main LF 40 $28.00 $1,120.00 5 12" Gate Valve and Box EA 2 $1,700.00 $3,400.00 6 8" Gate Valve and Box EA 1 $1,000.00 $1,000.00 7 6" Gate Valve and Box EA 2 $800.00 $1,600.00 8 Hydrant EA 2 $1,700.00 $3,400.00 9 Fittings LBS 2467 $3.00 $7,401.00 WATER MAIN $66,871.00 10% CONTINGENCY $6,687.10 TOTAL CONSTRUCTION $73,558.10 25% ENGINEERING, LEGAL & ADMIN $18,441.90 TOTAL COST WATER MAIN $92,000.00 • OAKGREEN AVENUE UTILITIES Estimated Costs- Feasibilty Study 10/17/2005 Item No. Item Unit Quantity Unit Price Total Price ROAD IMPROVEMENTS 1 Remove tree LS 1 $1,500.00 $1,500.00 2 Remove existing bituminous SY 2100 $5.00 $10,500.00 3 Salvage and reinstall mailboxes EA 5 $150.00 $750.00 4 Temporary mailboxes EA 5 $150.00 $750.00 5 Remove and restore gravel driveways TN 25 $20.00 $500.00 6 Remove and reinstall concrete driveway SY 25 $45.00 $1,125.00 7 Remove and reinstall traffic signs LS 1 $1,000.00 $1,000.00 8 Remove and reinstall CMP culverts LF 100 $15.00 $1,500.00 9 Cl. 2 Aggregrate Shouldering TN 105 $22.00 $2,310.00 10 Cl. 5 Aggregrate Base TN 1960 $12.00 $23,520.00 11 Bituminous Base Course TN 475 $42.00 $19,950.00 12 Bituminous Wear Course TN 320 $48.00 $15,360.00 13 Bituminous Tack Coat TN 120 $1.00 $120.00 14 Grading /Shaping HR 20 $90.00 $1,800.00 15 Seeding with erosion control blanket AC 0.4 $2,500.00 $1,000.00 16 Sod SY 1700 $4.00 $6,800.00 TOTAL ROAD IMPROVEMENTS $88,485.00 10% CONTINGENCY $8,848.50 TOTAL CONSTRUCTION $97,333.50 25% ENGINEERING, LEGAL & ADMIN $24,366.50 TOTAL COST ROAD IMPROVEMENTS $121,700.00 OAKGREEN AVENUE UTILITIES Estimated Cost Benefit to Pine Grove Gardens 10/21/2005 Following is water main cost to serve Pine Grove Gardens to the south property line. Item No. Item Unit Quantity Unit Price Total Price WATER MAIN- Benefit 1 Connect to Existing watermain EA 2 $1,000.00 $2,000.00 2 8" DIP CL. 52 Water Main LF 870 $35.00 $30,450.00 3 6" DIP CL. 52 Water Main LF 40 $28.00 $1,120.00 4 8" Gate Valve and Box EA 3 $1,000.00 $3,000.00 5 6" Gate Valve and Box EA 2 $800.00 $1,600.00 6 Hydrant EA 2 $1,700.00 $3,400.00 7 Fittings LBS 1385 $3.00 $4,155.00 WATER MAIN $45,725.00 10% CONTINGENCY $4,572.50 TOTAL CONSTRUCTION $50,297.50 25% ENGINEERING, LEGAL & ADMIN $12,602.50 TOTAL COST WATER MAIN- BENEFIT $62,900.00 Following is the estimated cost to restore Oakgreen Avenue to the south property line of Pine Grove Gardens Item No. Item Unit Quantity Unit Price Total Price ROAD IMPROVEMENTS 1 Remove tree LS 1 $1,500.00 $1,500.00 2 Remove existing bituminous SY 1890 $5.00 $9,450.00 3 Salvage and reinstall mailboxes EA 3 $150.00 $450.00 4 Temporary mailboxes EA 3 $150.00 $450.00 5 Remove and restore gravel driveways TN 10 $20.00 $200.00 6 Remove and reinstall traffic signs LS 1 $1,000.00 $1,000.00 7 Remove and reinstall CMP culverts LF 80 $15.00 $1,200.00 8 Cl. 2 Aggregrate Shouldering TN 95 $22.00 $2,090.00 9 Cl. 5 Aggregrate Base TN 1785 $12.00 $21,420.00 10 Bituminous Base Course TN 430 $42.00 $18,060.00 11 Bituminous Wear Course TN 350 $48.00 $16,800.00 12 Bituminous Tack Coat TN 110 $1.00 $110.00 13 Grading /Shaping HR 18 $90.00 $1,620.00 14 Seeding with erosion control blanket AC 0.4 $2,500.00 $1,000.00 15 Sod SY 1430 $4.00 $5,720.00 TOTAL ROAD IMPROVEMENTS $81,070.00 10% CONTINGENCY $8,107.00 TOTAL CONSTRUCTION $89,177.00 25% ENGINEERING, LEGAL & ADMIN $22,323.00 TOTAL COST ROAD IMPROVEMENTS $111,500.00