HomeMy WebLinkAboutDevelopment Plan, Utilites & Street Improvements, 2008 3665875
Receipt#: 50975
/A' It'N161 DAG $46.00
,7. Certified Filed and/or recorded on:
10/15/2007 9:12 AM
5 �. 3665875
Office of the County Recorder
v 'M1 Return so: Property Records&Taxpayer Services
\ ECKBERG LAMMERS BRIGGS WOLFF& Washington County,MN
V 1809 NORTHWESTERN AVENUE
SUITE 110 Kevin J Corbid,County Recorder
,, 'I STILLWATER MN 55082
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DEVELOPMENT AGREEMENT
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CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this 10th day of August, 2007, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota(the "City"),and Washington County, (the "County").
WITNESSETH; That:
WHEREAS, the County has made application to the City Council for approval of a
Development Plan consisting of utility relocations, easement relocations, street improvements,
within and adjacent to the Washington County Government Center described as follows:
See Attached Exhibit A
(the "Project");and,
WHEREAS, the City Council has on August 10, 2007, granted approval to the Project, on
the condition that the County 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 County's expense by the
County as hereinafter provided are hereinafter referred to as "Plan A Improvements". Improvements
to be installed by the County and paid for by City are hereinafter referred to as "Plan B
Improvements".
1. PLAN A IMPROVEMENTS: The County will construct at County's expense the
following improvements under Plan A according to the following terms and
conditions:
A. The County shall do all site grading, common greenway and open spaces,
storm water storage ponds, surface drainage ways, on site water, sanitary
sewer and storm sewer utility relocation and all private driveways, parking
lots pathways and sidewalks, including sodding of boulevards, all in
accordance with the City engineer approved plans. 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
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changes to the grading plan during construction shall be submitted to the City
for approval.
B. The County shall control soil erosion ensuring:
1. All development shall conform to the natural limitations presented by
the topography and soil of the project in order to create the best
potential for preventing soil erosion. The County 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 County shall not locate its equipment within the right-of-way of
Oxboro Avenue North as acquired by the City of Oak Park Heights
adjacent to this development without the express written consent of
the City Engineer. The County shall not locate its equipment within
the right of way of 62m1 Street north or Paris Avenue North except at
such times that storm sewer relocation and street reconstruction is
ongoing within said rights of way.
C. The County 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 County 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
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County shall make all necessary adjustments to the curb stops to bring them
flush with the topsoil(after grading)or driveway surface.
E. The County 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 County 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 project is completed.
Temporary traffic controls and 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 County or any of its Contractors or Subcontractors, shall remain
the financial responsibility of the County.
G. The County shall furnish site lighting in accordance with the City Ordinance
requirements pursuant to a plan which must receive the approval of the City
Planner.
The County shall be responsible for storm sewer cleaning and holding pond
dredging, as required, by the City prior to completion of the development.
The County shall be permanently responsible for the maintenance, cleaning
and replacement of the 36" stormwater pipe located along the north and east
sides of the project from the intersection of Panama Avenue North and 62nd
Street North to just southwest of the southerly terminus of Paris Avenue
North.The final as built survey shall depict this storm sewer line.
The City of Oak Park Heights is requiring County to locate and maintain
storm water drainage areas and holding ponds to serve County's project.
Such areas are located on County's site and depicted on the site drawings
approved by the City Engineer.
J. The County shall be responsible for securing all necessary approvals, PUDs,
CUPs and permits from all appropriate federal, state, regional and local
jurisdictions prior to the commencement of site grading or construction and
prior to the City awarding construction contracts for public utilities. The
County shall secure the appropriate MnDOT access permits for the access
onto the MnDOT Frontage Road.
K. Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all lot lines along the perimeter of the site.
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L. Tree Protection and Clearing:
The County must have the City Arborist or a person under her designation
providing on-site supervision and direction during the clearing process. Prior
to the clearing operation being initiated all clearing limits and trees to be
protected shall be clearly marked. Tree protection fencing shall be installed
and maintained until after grading is complete. All fencing shall be installed
and properly maintained throughout construction at least 20 feet distant from
the trunks of large shade trees (deciduous) and around coniferous trees no
closer than the drip line. Silt fencing may not be used as a substitute for tree
protection fencing. Fencing shall be orange in color with steel posts at 6-8
foot intervals. The City Arborist shall be contacted by County for an
inspection after the fencing is installed.All tree replacement fees due the City
pursuant to the City Tree Protection ordinance following shall be paid within
10 days following the Arborists certification of amounts due. Failure to place
or maintain fencing to protect trees on the development site is a condition of
default under this agreement.
A Tree replacement fee of$8,600.00 shall be paid by the County to the City
upon execution of this agreement as required under the City's ordinance.
M. Warranty of Title.
By its execution hereof County hereby warrants and represents that it has the
exclusive and marketable fee title to the subject property. County further
warrants and represents that there are no liens or encumbrances against the
title and that it is fully authorized to execute this agreement as the fee owner
of the subject lands.
N. Fire Hydrants.
All fire hydrants throughout the development shall incorporate an AFC-
Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one-piece
design, compatible with a five inch Storz hose coupling. The nozzle shall be
an integral part of the fire hydrants and must be furnished by the
manufacturer or authorized distributor designated by the manufacturer. Storz
adapters will not be accepted.
O. Utility Locations in City Right of Way.
In order to maintain compliance with regulations promulgated from the
Minnesota Office of Pipeline Safety the County, its contractors,
subcontractors,and agents shall comply with the following requirements:
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1. All right of way work shall require an application with a plan that
shall be submitted for city review prior to any work performed in
the right of way areas.
2. The layout of utilities, including depths, off-sets and materials
shall be documented during construction and confirmed with city
staff during the installation process.
3. Single family residential lots are required to submit an accurate tie
card showing the utilities installed and measurements from fixed
objects (corner of house, fire hydrants, etc.)to the curb stop,
location pins, clean outs and tie in points for all utilities.
4. Multi-family and commercial lots must provide, in addition to the
above, professional as built drawings confirmed by field survey,
showing the required information. In addition Engineering grade
GPS coordinates in the Washington County coordinate system
shall be supplied by the builder. These will allow the coordinates
to be electronically incorporated in to future city mapping.
5. All installations will require pins be installed directly above all
utility lines where they cross lot lines. A corrosion protected trace
wire shall be installed six inches below final grade directly above
all new utility installations at a minimum through the right of way.
The trace wire and tail shall be terminated in a capped vertical
conduit that is within two inches of the final grade and pin located
at the lot line.
6. The County shall hold harmless and indemnify the City of Oak
Park Heights from any and all loss or damage resulting from its
failure to comply with these requirements including but not limited
to expenses the City incurs in correcting errors in information
provided by County its agents or contractors or remediating
problems resulting there from in the right of way.
7. Upon failure to provide full documentation as required the City
shall notify he County who shall have 30 days to secure full
compliance.Failure to comply will result in the work being
assigned by the City to an outside professional for completion of
the necessary work. Any costs incurred in resolving these
requirements shall be assessed to the property or offset from
security required under this agreement.
8. City staff shall document the time and materials required to
review, confirm and accept the installation documentation and
shall invoice County for the costs based on the actual work
involved or on a fee schedule adopted by the City Council.
P. Final"As Built" Survey. County shall produce for the City a final"as
built" survey of the site clearly denoting all municipal utilities, water,
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sanitary sewer and storm sewer lines, buildings, drainage ways, abandoned
utility lines(in place) and easements. The "as built" surveys required herein
must be supplied to the City in paper and digital format. Said "as built"
survey shall be formatted in the most recent Washington County Coordinate
System and be prepared in a recent AutoCAD version compatable with the
City Engineer's office.
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2.16 PR DESCRIPTION OF PLAN A IMOVEMENTS ESTIMATED COST
1. 62nd Street replacement $31,200.00
2. Paris Avenue replacement $22,000.00
3. Storm Sewer $178,200.00
4. Sanitary Sewer $15,000.00
5. Water Main and Pressure Reducing Station $30,000.00
6. Grading $10,000.00
7. Erosion Control $13,000.00
8. Landscaping 29 000.00
9. Utility Protection&Repair $4,000.00
10. Street Protection&Repair $2,500.00
11. City Construction Observation $17,500.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $352,000.00
ESTIMATED ENGINEERING,LEGAL AND
ADMINISTRATIVE(20%): $88,000
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $440,000.00
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SECURITY REQUIREMENT(25%) $110,000.00
TOTAL PLAN A ESCROW $550,000.00
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
A. Construction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
B. Inspection. All of the utility work to be completed within the City of Oak
Park Heights shall be under and subject to the inspection and approval of the
City of Oak Park Heights and, where appropriate, any other governmental
agency having jurisdiction.
C. Easements. The County shall convey to the City, at no cost to the City, all
permanent or temporary easements necessary for final location of city
utilities as determined by the City Engineer. 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.
D. Faithful Performance of Construction Contracts. The County will fully and
faithfully comply with all terms and conditions of any and all contracts
entered into by the County 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 fmal acceptance of the Plan A
Improvements. Concurrently with the execution of this Agreement, County
shall supply to the City a letter of credit in the total amount of the Plan A
Escrow as noted above and in a form to be approved by the City Attorney,
financially securing the performance by County of the construction of the
Plan A Improvements in a timely and proper manner. Additionally, County
guarantees and agrees that, should the City of Oak Park Heights need to
apply a claim on said letter of credit, that County shall pay all attorney's fees
and administrative expenses associated with said action.
E. REQUIRED SECURITY
No work shall be commenced under this Agreement until the County shall
have filed with the City a cash deposit, certified check or Irrevocable
Letters of Credit based on one hundred percent (100%) of the total
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estimated costs for the Plan A Improvements. The Irrevocable Letters of
Credit, cash or payment shall be filed with the City prior to the issuance of
a Land Alteration Permit. If the Irrevocable Letter of Credit expires prior
to the improvements as specified herein being completed, it shall be
renewed or replaced not later than thirty (30) days prior to its expiration,
with a like Irrevocable Letter of Credit; and if not so replaced the City
may declare the Developer in default hereunder and exercise its rights and
remedies and may draw on said Irrevocable Letter of Credit for the
remaining improvements. The Irrevocable Letter of Credit shall be for the
exclusive use and benefit of the City of Oak Park Heights.
4. PLAN B IMPROVEMENTS. The following improvements will be installed by the
County at the City's expense according to the following terms and conditions:
1. DESCRIPTION OF IMPROVEMENT ESTIMATED COST
A. 62nd Street North replacement(portion) $7,500.00
B. Storm Sewer $9,000.00
C. Erosion Control $1,500.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN B IMPROVEMENTS: $18,000.00
2. The City shall reimburse the County for the actual costs of engineering and
construction of the Plan B improvements upon written submission of quanities used to the City
following review and certification of accuracy by the City Engineer.
A. Construction. After approval of preliminary plans and estimates by
the City Engineer, the County 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,the City shall be provided a copy thereof. The
City shall have the right to immediately notify the County of its
demand that the County reject those bids affecting the Plan B
improvements.
C. Plans and Specifications. The City shall be provided with a copy of
the plans and specifications as prepared by the County for the Plan B
improvements and shall be allowed the opportunity to comment on
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same prior to final release of the bid specifications through the office
of the City Engineer for purposes of receiving bid on the
improvements. The City may recommend rejection of all bids
dealing with the Plan B improvements and bid the project out itself if
it so desires.
D. Ownership of Plan B Improvements. All such improvements as
constructed shall become the property of the City of Oak Park
Heights. The County shall convey to the City and at no cost to the
City all permanent and temporary easements necessary for the
construction of such improvements as determined by the City.
E. Contracts. All such construction contracts as awarded by the County
to construct the Plan B improvements shall provide for a guarantee of
the workmanship and materials for a period of one year following the
completion of construction of the Plan B improvements. All such
contracts shall also conform to the ordinances and specifications of
the City in the construction of all Plan B improvements.
F. Change Orders. No change order increasing the contract expense
relative to the Plan B Improvements shall be authorized by the
County without first notifying the City of the change.
5. COUNCIL APPROVED CONDITIONS:
1. The County shall convey to the City all easements as may be
required by the City Engineer to ensure that the City's water, sanitary and storm
systems remain properly located in the City's easements as well as remain secure,
intact and operational. Should future maintenance or rehabilitation be required,
the City shall not be responsible to restore these easement areas. It shall be the
County responsibility to restore curbing, asphalt, landscaping or other elements
that may be impacted. Should the City require relocation of any lines that may be
rendered inaccessible by the County's other facilities,the County shall convey to
the City at no cost the necessary easements that may be required by the City
Engineer that ensure the City's water, sanitary and storm systems remain secure,
intact and operational.
2. The County and the City shall identify and convey all required
easements necessary for all utility installations, relocations or improvements on or
before project completion.
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3. The final storm sewer layout shall be consistent with Option 3 as
proposed by the City Engineer in his July 5, 2007 Memorandum, amending the
County's initial submission. Construction documents shall be revised by the
County to reflect these changes. Final plans and improvements shall be subject to
the final review and approval of the City Engineer. The City Engineer's review
memorandum is affixed to this resolution as Exhibit A.
4. The County shall own, install, repair and provide all maintenance
for the proposed 36" stormwater main contemplated in Option #3 designed to
serve the both the Washington County campus as well as other surrounding areas,
both public and private. The County shall transfer all current flows and drainage
patterns currently being served by in-place stormwater infrastructure to this new
36" stormwater main. The county shall not charge any fee for this service to any
contributing property.
5. The County shall permit the City to connect (without fee) to the
new 36" stormwater main and several catch-basins that will drain certain areas
lying northeast and directly adjacent to the County campus, specifically the
intersection of 62' Street at Paris Avenue North and at Beach Road. Such plans
shall be approved by the City Engineer and installed as an addendum to the
Washington County project. The City shall pay for the related engineering and
installation costs.
6. In the event of future maintenance, replacement or updating of
County owned utilities, the County shall be required to restore any impacted City
infrastructure and streets to an equal or better condition.
7. The County shall also provide Construction documents detailing of
the relocation of the City's water main pressure reducing station from its current
location south of the Government Center to the east side, as previously discussed
with City staff. Final plans and improvements would be subject to the final review
and approval of the City Engineer.
8. The County shall verify the operation of all existing valves,joints
and fittings used for water and sewer control. Any materials or fittings re-used in
the implementation of the project shall be new or re-built to an as new condition.
This includes gate valves, pressure reducing valves and structures used in
conjunction with relocation of the pressure reducing station. All new and reused
materials for the water system shall be tested and sanitized to AWWA new pipe
standards and be inspected and verified by the Oak Park Heights Utility
Department prior to exposure to the City of Oak Park Heights water supply. The
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City of Oak Park Heights Public Works Director shall be the final authority
regarding the water system use and transition requirements.
9. For this project the City shall require that all project impacted City
streets and right-of-ways shall be restored by the County to an existing or better
condition and may not be widened unless and until first approved by the City
Council.
10. The County shall agree to pay for fifty (50) percent of the
reconstruction of 62nd Street North and Paris Avenue North to the City Standard
in effect of the time of the reconstruction, including all required concrete curb and
gutter. This shall only include that portion of 62nd Street N. lying between
Panama Ave. N. and Paris Ave. N., that part of Paris Ave. N. lying south of 62nd
Street N, and the intersection of 62nd St. N. & Paris Ave. N.. The timing of this
reconstruction shall be determined by the City.
11. At such time when the City extends a trail or sidewalk that abuts
the Washington County campus, the County shall install and connect the
necessary trails and sidewalks to ensure that there is linear and aesthetic
continuity between the County and City trails and sidewalks.
12. The County shall cause all current and proposed campus lighting
to be retrofitted to comply with the City of Oak Park Heights lighting standards
not later than December 31St,2010.
13. The County shall provide full `as-built' drawings to the City in
both digital and hard copy format of all constructed and abandoned public
facilities for the entire campus. Digital drawings shall be in an appropriate
Washington County coordinate system.
14. The City Arborist shall determine if there are trees to be removed
that actually lie within the City. If there are trees that lie in the City and are to be
removed, the County shall be required to restore such trees within the City or
shall pay into the City tree replacement fund as required by the City tree
replacement Ordinance 1307. The County shall complete in a timely fashion all
site landscaping and in accordance with the plans as submitted and approved by
the City Arborist.
15. All temporary parking and staging areas shall be immediately
paved so as to minimize dust and noise. All other ponds, landscaping and site
restoration elements shall be completed in a timely and orderly fashion as
required by the City Engineer and the City Arborist.
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16. The County shall pave, but not expand, the currently unpaved
roadway accessing the County facilities from Paris Ave. The County shall install
a card-access gate to monitor and control unauthorized use of this roadway. This
access shall remain a secondary access consistent with the October 4th, 2005
agreement.
17. The County shall secure a Middle St. Croix Water Management
Permit, a copy of such permit shall be provided to the City.
18. The County shall enter into a Development Agreement with the
City of Oak Park Heights that shall incorporate the approvals and conditions as
set-forth herein subject to the final review and approval of the City Attorney. No
work may commence by the County until such time as a satisfactory Development
Agreement is signed by both the City and Washington County.
6. GENERAL TERMS.
A. Incorporation of Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let pursuant to this
Agreement shall be and hereby are made a part of this Agreement by reference as
fully as if set out herein in full. Specifically the following Planning Reports and
Engineering files and final documentation approved by the City Planner and the City
Engineer are specifically incorporated by reference herein and included herein as if
originally made part of this agreement:
1. October 4, 2005 Agreement between The City of Stillwater, City of Oak
Park Heights and the County of Washington for Development on the Campus of the
Washington County Government Center.
2.Bonestroo Report(Letters)dated July 5th,2007 and May 30,2007.
3. Resolution of the City of Oak Park Heights dated July 17, 2007 being
Resolution No.07-07-41,
B. Indemnification:
To the fullest extent permitted by law, the County shall indemnify and hold
harmless the City of Oak Park Heights, its agents and employees from and against
any and all claims, damages, losses or expenses, including but not limited to
attorney's fees, arising out of the issuance of this County's Agreement by the City
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of Oak Park Heights and/or arising out of the performance or non-performance of
its obligations hereunder by County.
C. Notice/Remedies on Default or Violation of this Agreement:
1. Whenever any event of default or failure to conform to the terms and conditions
of this Agreement occurs,the City shall give written notice of the event of default
or failure to perform to the County by United States Mail at its last known
addresses. If the County fails to cure the event of default or failure to perform
within fifteen (15)days after the date of the mailed notice, in addition to any other
remedy provided in this Agreement and without waiver of any such right, the City
may avail itself of any or all of the following remedies for as long as the County
is in default.
a. Halt all development work and construction of development
improvements until such time as the event of default is cured.
b. Refuse to issue utility, grading and building permits or occupancy permits
as to any aspect of the project until such time as the event of default is
cured.
c. Apply to a court of competent jurisdiction to enjoin continuation of the
event of default.
d. If the event of default is a failure of the County to complete, construct,
install or correct the development improvements in accordance with the
plans and specifications and this Agreement, the City may perform the
construction or work and the County shall reimburse the City for its
expenses incurred. This provision shall be a license granted by the
County to the City to act, but shall not require the City to take any such
action. The County consents to such an action by the City and waives any
claims County may have against the City for damage in the event the City
exercises its rights in accordance with this provision. This remedy is in
addition to and not in lieu of the city's right to draw on all security
referenced in this Agreement.
e. Terminate this Agreement by written notice to County, at which time all
terms and conditions as contained herein shall be of no further force and
effect and all obligations of the parties imposed hereunder shall be null
and void.
f. Draw upon and utilize County's funds and/or security in order to cover the
costs of the City in order to correct the event of default.
D. Stop Lights and Traffic Control at 62nd Street and Osgood.
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The County will have completed pursuant to its agreement with the Cities
of Stillwater and Oak Park Heights placement of Traffic Control
(semaphores) at Osgood and 62nd Street within 60 days from the date of
execution of this agreement.
IN WITNESS WHEREOF, the City and County have caused this Agreement to be duly
executed on the date and year first above written.
In the presence of: CIT$V#y : '� HEIGHTS 41)
Davit :eaudet
Mayor
/,
Eric Joh o
City A. ' istrator
In the presence of: W SHINGTON •UNTY
..
�__ _��
Its: Chairperson,County Board
rLr"' A' 4
Its:County Administrator
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y
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this /1/1 day of Alcifik , 2002before 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.
to JENNIFER M.THOEN ti
NOTARY PUBLIC-MINNESOTA lSifl L(2 .I
My Commission Expires Jan.31,2012 l� No!W ublic
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this 71 day of /4-1/96:1r , 20°7, before me a Notary Public, within and for
said County personally appeared gmty rrz I 'S>;L... and Ji v y wit 3 P Wo
me personally known, being each by me duly sworn did say that they are respectively the
Covus, 'c .o Ctivciz and Ibntiutsn2 — of Washington County, a body politic, named in
the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said
County, and that said instrument was signed and sealed on behalf of Washington County by
authority of its County Board and said 4r vih1 60 a it CNA 1 and itootimg he.A-PAL
acknowledged said instrument to be the free act and deed of Washington County.
"p„: JENNIFER M.THOEN ti 1�� 1`,i" I CiL-
s� `: NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2012 NotT blic
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THIS INSTRUMENT WAS DRAFTED BY:
Mark J.Vierling
Eckberg,Lammers,Briggs, Wolff
&Vierling,P.L.L.P.
1835 Northwestern Avenue
Stillwater,MN 55082
(612)439-2878
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EXHIBIT A
WASHINGTON COUNTY GOVERNMENT CENTER •
EXISTING RECORD LEGAL DESCRIPTION
July 24,2007
Lots One (1) through Thirty (30) inclusive of Block One (1), McMillan & Cooley's
Addition to Stillwater, as surveyed and platted and now on file and of record in the office
of the Register of Deeds of Washington County, Minnesota. (Book 286 Deeds, Page 89)
Lots One (1), Two (2), Three (3), Four (4), Five (5) and the East 12.6 feet of Lot Six (6)
in Block Four (4) of McMillan & Cooley's Addition to Stillwater, as surveyed and
platted and now on file and of record in the office of the Register of Deeds of
Washington County,Minnesota. (Book 286 Deeds, Page 93)
All that part of Lot Six (6) except the East 12.6 feet thereof and all of Lots Seven (7) and
Eight (8) of Block Four (4) of McMillan & Cooley's Addition to Stillwater, as surveyed
and platted and now on file and of record in the office of the Register of Deeds of
Washington County,Minnesota. (Book 286 Deeds,Page 85)
Lots Nine (9) through Thirty (30) inclusive of Blbck Four (4) in McMillan & Cooley's
Addition to Stillwater, as surveyed and platted and now on file and of record in the office
of the Register of Deeds of Washington County, Minnesota. (Book 286 Deeds,Page 91)
Lots One (1) through Ten (10) inclusive and the North twenty (20) feet of Lots Twenty-
one (21) through Thirty (30) inclusive in Block Five (5) of McMillan & Cooley's
Addition to Stillwater, as surveyed and platted and now on file and of record in the office
of the Register of Deeds of Washington County, Minnesota. (Book 286 Deeds, Page 87)
Lots Eleven (11), Twelve (12), Thirteen (13), Fourteen (14) and Fifteen (15), Block Five
(5), of McMillan and Cooley's Addition to Oak Park, and the North Twenty (20) feet of
Lots Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20), Block
Five (5) of McMillan and Cooley's Addition to Oak Park. (Book 309 Deeds, Page 444)
The south 30 feet of the north 50 feet of Lots 16 through 30 Block 5, McMillan and
Cooley's Add to Stillwater, MN as amended by Myron Shepard's Perfected Plat of the
City of Stillwater dated May 21, 1878 according to the recorded plat thereof. (Document
Number 3580190)
All that part of Lots Sixteen (16), Seventeen (17) and Eighteen (18), Block Five (5), and
that part of vacated Wallace Street of McMillan & Cooley's Addition to Oak Park,
described as follows: Commencing at a point on the west line of said Lot Sixteen (16),
which is One Hundred Eighty-five (185) feet South of the Northwest corner of said Block
(5) of McMillan & Cooley's Addition to Oak Park; thence South along the West line of
said Lot Sixteen (16), and the extension thereof, a distance of One Hundred Forty-five
1
1 I
(145) feet to the South line of vacated Wallace Street; thence East along the South line of
vacated Wallace Streets distance of one Hundred (100) feet; thence North and parallel
with the West line of said Lot Sixteen (16) and the extension thereof a distance of One
Hundred Forty-five (145) feet to a point; thence West parallel with the North line of said
Block Five (5) for One Hundred (100) feet, to the place of beginning, containing 0.33
acre, more or less. (Document Number 3413048)
All that part of Block 5, McMillan and Cooley's Addition to Stillwater, Washington
County, Minnesota, described as follows: Commencing at a point on the North line of
Block 8 of McMillan and Cooley's Addition to Stillwater, 400 feet West of the West line
of Hazel Street of said McMillan and Cooley's Addition, said North line of Block 8 being
the South line of vacated Wallace street; being the point of beginning of this description;
thence North and parallel to the West line of Hazel Street 145 feet to an iron stake;
thence West and parallel to the North line of said Block 8, 100 feet to an iron stake;
thence South and parallel to the East line of said tract 145 feet to an iron stake on the
North line of said Block 8; thence East along said North line of Block 8, 100 feet to an
iron stake and the place of beginning. (Document Number 3423589)
All that part of Lots Twenty-one (21), Twenty-two (22), and Twenty-three (23) of Block
No. Five (5) of McMillan and Cooley's Addition to Stillwater, according to the plat
thereof on file and of record in the office of the Register of Deeds in and for the County
of Washington, State of Minnesota, described as follows: Commence at a point on the
West line of Hazel Street Sixty (60) feet South of the Southeast corner of said Block No.
Five (5); thence West along the South line of what was formerly Wallace Street (now
vacated) a distance of Three Hundred (300) feet to the point of beginning of this
description; thence West along the South line of what was formerly Wallace Street(now
vacated) a distance of One Hundred (100) feet; thence North and parallel to the West line
of Hazel Street a distance of One Hundred Forty-five (145) feet; thence East and
perpendicular to the last described line a distance of One Hundred (100) feet to a point;
thence South on a line parallel to the West line of Hazel Street a distance of One Hundred
Forty-five (145) feet to the point of beginning; containing 0.33 acres, more or less.
(Document Number 933044)
The East Half (E '/2) of Lot 23, all of Lots 24 and 25, Block 5, McMillan and Cooley's
Addition to Stillwater, and vacated Wallace Street adjacent to said lots, EXCEPT the
North 50 feet thereof; being also described as follows: All that part of Block Five (5) of
McMillan and Cooley's Addition to Stillwater, and vacated Wallace Street in said
addition, described as follows: Commencing at a point on the North line of Block Eight
(8) of McMillan and Cooley's Addition to Stillwater, Two Hundred (200) feet West of
the West line of Hazel Street of said McMillan and Cooley's Addition to Stillwater, said
North line of Block Eight (8) being the South line of vacated Wallace Street; thence
North and parallel to the West line of Hazel Street One hundred forty-five (145) feet to an
iron stake; thence West and parallel to the North line of said Block Eight (8), One
hundred(100) feet to an iron stake; thence South and parallel to the East line of said tract
One hundred forty-five (145) feet to an iron stake on the North line of said Block Eight
(8); thence East along said North line of Block Eight (8), One hundred (100) feet to an
2
r5
iron stake and the place of beginning, according to the plat thereof on file and of record in
the office of the Register of Deeds, Washington County, Minnesota. (Document Number
981389) •
That part of Lots 26, 27, and 28, Block 5, McMillan & Cooley's Addition to Oak Park,
described as follows: Commencing at the SE corner of said Block 5 of McMillan &
Cooley's Addition to Oak Park; thence West along the South line of said Block 5 for 100
feet; thence North and parallel with the East line of said Block 5 for 70 feet to the point
of beginning of this description; thence North and parallel with the East line of Block 5 a
distance of 15 feet; thence West parallel with the South line of said Block 5 a distance of
100 feet; thence South and parallel with the East line of said Block 5 a distance of 15
feet; thence East and parallel with the South line of said Block 5 a distance of 100 feet to
the point of beginning. AND Commencing at a point on the North line of Block 8 of
McMillan & Cooley's Addition, 100 feet West of the West line of Hazel Street of said
McMillan & Cooley's Addition, said North line of Block 8 being the South line of
vacated Wallace Street; thence North and parallel to the West line of Hazel Street 130
feet to an iron stake; thence West and parallel to the North line of said Block 8, 100 feet
to an iron stake; thence South and parallel to the East line of said tract, 130 feet to an
iron stake on the North line of said Block 8; thence East along said North line of Block
8, 100 feet to an iron stake and the place of beginning. (Document Number 960726)
All that part of Lots Twenty-Eight (28), Twenty-•ine (29) and Thirty (30) of Block No.
Five (5) of McMILLAN and COOLEY'S ADDITION TO STILLWATER, according to
the plat thereof on file and of record in the Office of the Register of Deeds in and for the
County of Washington, State of Minnesota, desribed as follows: Beginning at a point on
the West line of Hazel Street Sixty (60) feet South of the Southeast corner of said Block
No. Five (5); thence West along the South line of what was formerly Wallace Street
(now vacated) a distance of One Hundred (100) feet; thence North and parallel to the
West line of Hazel street a distance of One Hundred (100) feet to the West line of said
Hazel Street; thence South along the West line of said Hazel Street a distance of One
Hundred Forty-Five (145) feet to the point of beginning, containing 0.33 acres, more or
less. (Document Number 3482299)
All that part of vacated Hubert Street and Eugene Street lying east of the east line of
Birch Street and west of the west line of Hazel Street. (Book 15 Miscellaneous, Page 7)
All that part of the SW Quarter of SW Quarter of Section 34, Township 30, Range 20
described as follows: Commencing at a point 30 feet east and 25 feet south of the
northwest corner of said quarter quarter section,
Oak Park northwest corner of thence
what was formerly Block 1 of Murdock's A ddition
,thence east 100 south 140 feet along the east line of Hazel ock Street
north 140 feet to along
the south line of
of former Lots 14, 13, and 12 of said Block ,
Prairie Street, thence west 100 feet along said south line of Prairie Street to the point of
beginning, being all of former lots 14 and 13 and the west 18 feet of Lot 12 of Block 1 of
said Murdock's Addition to Oak Park(now vacated). (Document Number 558823)
3 '
All that part of Southwest Quarter (SW '/4) of the Southwest Quarter (SW 1/4) of Section
Thirty-four (34), Township Thirty (30), Range Twenty (20), commencing at a point
Thirty (30) feet East and Twenty-five (25) feet South of the Northwest corner of said
Quarter Quarter Section which point is the Northwest corner of what was formerly Block
One of Murdock's Addition to Oak Park (now vacated); thence East along South Line of
Prairie Street, a distance of One-hundred(100) feet to the point of beginning; thence East
along the South line of Prairie Street, a distance of 113.4 feet; thence South and parallel
to the East Line of Hazel Street, a distance of 140 feet; thence West and parallel to South
line of Prairie Street, a distance of 113.4 feet; thence North and parallel with the East
Line of Hazel Street, a distance 140 feet to the point of beginning. (Document Number
581637)
All that part of the Northwest Quarter of the Southwest Quarter of the Southwest Quarter
(NW 1/4 of SW 1/4 of SW 1/4) of Section Thirty-four (34), in Township Thirty (30) North,
of Range Twenty (20) West, described as follows, to-wit: Commencing at a point Thirty
(30.00) feet East and Twenty-five (25.00) feet South of the Northwest corner of the
Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4) of Section Thirty-four
(34), in Township Thirty (30) North, of Range Twenty (20) West, and extending East
along the South line of Prairie Street a distance of Two Hundred Thirteen and Four tenths
(213.4) feet to the point of beginning; thence South perpendicular to the South line of
Prairie Street a distance of One Hundred Forty (140.00) feet; thence East parallel to the
South line of Prairie Street a distance of One Hundred Twenty-one (121.00) feet which is
the Southeast corner of former Lot Seven (7), Block One (1) of Murdock's Addition to
Oak Park; thence North along the East line of former Lot Seven (7), Block One (1) of
said Addition a distance of One Hundred Forty (140.00) feet to the South line of Prairie
Street; thence West along the South line of Prairie Street a distance of One Hundred
Twenty-one (121.00) feet to the point of beginning. According to the United States
Government Survey thereof (Document Number 572711)
All that part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of
Southwest Quarter (SW 1/4) of Section Thirty-four (34) in Township Thirty (30)North of
Range Twenty (20) West of the Fourth Meridian, described as follows, to wit: Lot
number Two (2) of Block Number One (1) of Murdock's Addition to Oak Park and
beginning at the Northwest corner of said Lot Number Two (2), Block One (1) of
Murdock's Addition to Oak Park, thence Southwesterly along the West boundary of said
lot to the Southwest corner thereof; thence Westerly Forty-two (42) feet; thence
Northerly to the South line of Chestnut Street to a point Forty-two (42) feet West of the
Northwest corner of said Lot Two (2); thence East along the South line of Chestnut
Street to the point of beginning, said latter property being formerly Lot Three (3) of
Block One (1) of Murdock's Addition to Oak Park before the same was vacated.
(Document Number 566820)
That part of the SW 1/4 of the SW 1/4 of Section 34, Township 30N, Range 20W formerly
described as Lot 1 and Lots 26, 27 and 28, Block 1 of the Plat of Murdock's Addition to
Oak Park prior to the vacation of that portion of said plat, except the South 102.5 feet of
4
said formerly Lots 26, 27 and 28 according to the United States Government survey
thereof. (Document Number 568134)
Part of the SW 1/4 of the SW 1/4 of Section 34, Township 30 North, Range 20 West, being
the South 102.5 feet of that part of said Quarter Quarter formerly described as Lots 26,
27, and 28 of Block 1 of the Plat of Murdocks Addition to Oak Park Heights, prior to the
vacation of a portion of said plat; together with all streets, alleys or roadways that may
have accrued to said property by reason of vacations. (Document Number 639476)
That part of the Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4) of Section
Thirty-four (34), in Township Thirty (30) North, of Range Twenty (20) West,
Washington County, Minnesota, described as follows, to-wit: Commencing at a point
Thirty (30) feet east and Twenty-five (25) feet south of the Northwest corner of said one-
quarter which point is the Northwest corner of what was formerly Block One (1) of
Murdock's Addition now vacated; thence South along the East line of the street formerly
known as Hazel Street a distance of One Hundred Forty (140) feet to the point of
beginning of the subject property to be described. Thence continuing South along the
East side of said street a distance of Three Hundred Thirty (330) feet to the Southwest
corner of former Lot Fourteen (14), Block Two (2) in said addition; thence East a
distance of One hundred Twenty-four and Four tenths (124.4) feet to the Southeast corner
of former Lot Twelve (12), Block Two (2) of said addition; thence North a distance of
Three Hundred Thirty (330) feet to the Southeast corner of former Lot Twelve (12),
Block One (1) of said addition; thence West a distance of One Hundred Twenty-four and
Four tenths (124.4) feet to the point of beginning. AND That part of the Southwest
Quarter of the Southwest Quarter (SW 1/4 of SW 1/4) of Section Thirty-four (34), in
Township Thirty (30) North, of Range Twenty (20) West, Washington County,
Minnesota, described as follows,to-wit: Commencing at a point Thirty(30) feet East and
Twenty-five (25) feet South of the Northwest corner of said one-quarter which point is
the Northwest corner of what was formerly Block One (1), Murdock's Addition, now
vacated; thence South One Hundred Forty (140) feet to what was formerly the Southwest
corner of former Lot Fourteen (14), Block One (1); thence East One Hundred Twenty-
four and Four tenths (124.4) feet to the Northwest corner of former Lot Eighteen (18),
Block One (1) which is the point of beginning of the subject property to be described.
Thence South One Hundred Ninety (190) feet to the Northwest corner of former Lot
Eleven(11), Block Two (2); thence East to the Northeast corner of former Lot Seven(7),
Block Two (2); thence South to the Southeast corner of former Lot Seven (7), Block
Two (2); thence East to the Southeast corner of former Lot Three (3), Block Two (2);
thence North to the Southeast corner of former Lot Twenty-six (26), Block One (1);
thence West to the Southwest corner of former Lot Twenty-six (26), Block One (1);
thence North to the Northwest corner of former Lot Twenty-six (26), Block One (1);
thence West to the point of beginning. AND That part of the Southwest Quarter of the
Southwest Quarter(SW 1/4 of SW 1/4) of Section Thirty-four(34), in Township Thirty(30)
North, of Range Twenty (20) West, Washington County, Minnesota, described as
follows: Commencing at a point Thirty(30) feet East and Twenty-five (25) feet South of
the Northwest corner of said one-quarter which point is the Northwest corner of what
formerly was Block One (1) of Murdock's Addition, now vacated; thence South Four
5
Hundred Seventy (470) feet to the Northwest corner of former Lot Fifteen (15), Block
two (2), which is the point of beginning of the subject property to be described. Thence
South One Hundred Sixty-five (165) feet to the intersection of the East line of former
Hazel Street with the center line of what was formerly know as Eugene Street in
Murdock's Addition; thence East a distance of Five Hundred Eighty-six and Four tenths
(586.4) feet to the West line of former 7th Street; thence North along the West line of
former 7th Street a distance of One Hundred Sixty-five (165) feet to the Southeast corner
of former Lot One (1), Block Two (2); thence West Two Hundred Fifty-two (252) feet to
the Southwest corner of former Lot Six (6), Block Two (2), thence North One Hundred
Forty (140) feet to the Northwest corner of former Lot Six (6), Block Two (2); thence
West Two Hundred Ten (210) feet to the Northwest corner of former Lot Eleven (11),
Block Two (2); thence South One Hundred Forty (140) feet to the Southwest corner of
former Lot Eleven (11) Block two (2); thence West One Hundred Twenty-four and Four
tenths (124.4) feet to the point of beginning. According to the United States Government
Survey thereof. (Document Number 400380)
Lots 1 and 2, Block 2 of Murdock's Addition to Oak Park. (Document Number 938739)
That part of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of
Section 34, Township 30 North, Range 20 West, City of Stillwater, Washington County,
Minnesota, described as follows: Commencing ait the southwest corner of said Section
34; thence northerly along the west line of said section 34, a distance of 488.76 feet to
the point of beginning of the parcel to be described; thence continuing northerly along
said west line of Section 34, a distance of 165.52 feet to the northwest corner of said
Southwest Quarter of the Southwest Quarter of the Southwest Quarter; thence easterly
along the north line of said Southwest Quarter of the Southwest Quarter of the Southwest
Quarter, a distance of 120.00 feet; thence continuing easterly along said north line of the
Southwest Quarter of the Southwest Quarter of the Southwest Quarter, a distance of
60.00 feet; thence southerly parallel with said west line of Section 34, a distance of
165.52 feet; thence westerly parallel with said north line of the Southwest Quarter of the
Southwest Quarter of the Southwest Quarter, a distance of 60.00 feet; thence westerly
parallel with said north line of the Southwest Quarter of the Southwest Quarter of the
Southwest Quarter, a distance of 120.00 feet to the point of beginning. (Document
Number 457693)
Part of the SW '/4 of SW 1/4 of Section 34, Township 30, Range 20 described as follows:
Beginning at a point on the west line of said SW 1/4 where said West line intersects North
line of present Minnesota Trunk Highway 212; thence East along North line of said
Minnesota Trunk Highway 212 a distance of 155 feet; thence North and parallel to West
line of said SW 1/4 a distance of 166 feet; thence West and parallel to North line of said
Minnesota Trunk Highway 212 a distance of 155 feet; thence South along West line of
said SW 1/4 a distance of 166 feet to point of beginning. (Document Number 850445)
All that part of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter
(SW '/4 of SW 1/4 of SW 1/4), Section Thirty-four(34), Township Thirty (30)North, Range
Twenty (20) West, described as follows: Commencing at a point on the West line of said
6
SW 1/4 where said West line intersects the North line of the present Minnesota Trunk
Highway 212; thence East along the North line of said Minnesota Trunk Highway 212 a
distance of 155 feet to the point of beginning of the land to be described; thence continue
East along the North line of said Minnesota Trunk Highway 212 a distance of 105 feet;
thence North and parallel to the West line of said SW 1/4 a distance of 166 feet; thence
West and parallel to the North line of said Minnesota Trunk Highway 212 a distance of
105 feet; thence South and parallel to the West line of said SW 1/4 a distance of 166 feet
to the point of beginning. (Document Number 3548405)
The Southwest Quarter of the Southwest Quarter of the Southwest Quarter (SW % of SW
1/4 of SW 1/4) of Section Thirty-four (34) Township Thirty (30)North, Range Twenty (20)
West, lying northerly of Minnesota Trunk Highway 212, subject to easements for roads
and street and subject to any dedication of public street that may affect this real estate,
and excepting therefrom the following described property: Beginning at a point on the
centerline of Hazel St. where said centerline intersects the North line of present Trunk
Highway 212; thence East along the North line of said Trunk Highway 212 a distance of
Three hundred fifty (350) feet; thence North and parallel to the East line of Hazel St. a
distance of One hundred sixty-six (166) feet; thence West and parallel to the North line
of said Trunk Highway 212 a distance of Three hundred fifty (350) feet; thence South
along the centerline of Hazel St. a distance of One hundred sixty-six (166) feet to the
point of beginning. Also except the West One hundred eighty (180) feet (Subject to
Hazel Street) of the North One hundred sixty-five hand fifty-two hundredths (165.52) feet
of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter (SW 1/4 of
SW 1/4 of SW 1/4) of Section Thirty-four (34), Township Thirty (30) North, Range Twenty
(20) West. (Document Number 367022)
That part of Panama Avenue North (formerly known as Hazel Street) located in Sections
33 and 34, Township 30 North, Range 20 West, Washington County, Minnesota which
lies southerly of "Line A" and northerly of "Line B." "Line A" and "Line B" are
described as follows:
"Line A": Beginning at the northeast corner of Lot 1, Block 1, McMILLAN AND
COOLEY'S ADDITION TO STILLWATER, according to the plat thereof on file and of
record in the Office of the County Recorder, Washington County, Minnesota; thence
northeasterly on a straight line to the northwest corner of what was formerly Lot 14,
Block 1, MURDOCKS ADDITION TO OAK PARK, now vacated, according to the plat
thereof on file and of record in said Office of the County Recorder, Washington County,
Minnesota. Said "Line A"there terminating.
"Line B": Commencing at the northeast corner of Lot 30, Block 5, McMILLAN AND
COOLEY'S ADDITION TO STILLWATER, according to the plat thereof on file and of
record in the Office of the County Recorder, Washington County, Minnesota; thence
South 00 degrees, 51 minutes, 38 seconds East (Washington County Project Coordinate
System), along the east line of said Lot 30, 20.00 feet to the point of beginning of"Line
B"; thence North 89 degrees, 25 minutes, 07 seconds East, 60.00 feet to the easterly
right-of-way line of Panama Avenue North and said "Line B" there terminating. Subject
to and reserving in the City of Stillwater an easement for the construction, maintenance
and repair of municipal utilities. (Document Number 653110)
7
ECKBERG Avikk
LAMMERS r41111
ATTORNEYS AT LAW
1809 Northwestern Avenue, Suite 110
Stillwater, Minnesota 55082
(651)439-2878
Writer's Direct Dial: Fax (651)439-2923
(651)351-2118 www.eckberglammers.com
Writer's E-mail:
mvierling @eckberglammers.com
October 31, 2007
Eric Johnson
City Administrator
City of Oak Park Heights
14168 Oak Park Boulevard North
Oak Park Heights, MN 55082
Re: 2007-2009 Courthouse Expansion Project
Dear Eric:
Enclosed herewith for your files please find the original rec• ; -. Developme Agreement which has
been recorded as Document No. 3665875 in the office : 'the Washington .aunty Recorder.
Ye a's very tru
1/1"111111111.111P-. •
MJV/sdb
Enclosure
ECKBERG, LAMMERS, BRIGGS, WOLFF F3 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
bank® usbank.com
Five Star Service Guaranteed Vr
U.S. Bank National Association SWIFT: USBKUS44
Standby Letters of Credit: BC-MN-H2OG TELEX:
800 Nicollet Mall Phone: 866-359-2503 x 5854
Minneapolis, Minnesota 55402 612-303-7395
Fax : 612-303-5226
JUNE 30, 2008
LETTER OF CREDIT NUMBER: SLCMMSP04743
AMENDMENT NUMBER: 1
APPLICANT: WASHINGTON COUNTY
14949 62ND STREET NORTH
STILLWATER, MINNESOTA 55082
BENEFICIARY: CITY OF OAK PARK HEIGHTS
14168 OAK PARK BOULEVARD NORTH
BOX 2007
OAK PARK HEIGHTS, MINNESOTA 55082
ATTN: MR. ERIC JOHNSON
CITY ADMINISTRATOR•
J Y ,--t .- I.i r. y E r ,,,_EN'-''. '`F - =--' 'S y3 rr f u a Al ti S% e p kf t B . R i y w v� 1p F & �',r W®m 1 '+ :
U.S. BANK NATIONAL ASSOCIATION
974.4"4.,- -(17,AUTHORIZED SIGNATURE ���
I:\I BD\STANDBY\LETTER\4743AKP 1.DOC1
ID bank® usbank.com
Five Star Service Guaranteed gj
U.S. Bank National Association SWIFT: USBKUS44
Standby Letters of Credit: BC-MN-H2OG TELEX:
800 Nicollet Mall Phone: 866-359-2503 x 5854
Minneapolis, Minnesota 55402 612-303-7395
Fax : 612-303-5226
JUNE 30, 2008
LETTER OF CREDIT NUMBER: SLCMMSP04743
AMENDMENT NUMBER: 1
APPLICANT: WASHINGTON COUNTY
14949 62ND STREET NORTH
STILLWATER, MINNESOTA 55082
BENEFICIARY: CITY OF OAK PARK HEIGHTS
14169 OAK PARK ROAD
OAK PARK HEIGHTS, MINNESOTA 55082
ATTN: MR. ERIC JOHNSON
CITY ADMINISTRATOR
THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS:
1. EXPIRATION DATE EXTENDED TO AUGUST 10,2009.AUTOMATIC RENEWAL CLAUSE REMAINS IN
EFFECT.
2. PRESENT AVAILABLE BALANCE DECREASED BY USD 400,000.00 TO A NEW TOTAL OF USD 150,000.00.
3. BENEFICIARY ADDRESS AMENDED TO READ:
14168 OAK PARK BOULEVARD NORTH
BOX 2007
OAK PARK HEIGHTS, MINNESOTA 55082
ATTN:MR. ERIC J•HNSON
ADM.;ISTir OR
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` a -- t.;`$.. .rr 5 �i ;' ,1E V.1.1"15
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THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
U.S. BANK NATIONAL ASSOCIATION
Y1401,1A; /14
AUTHORIZED SIGNATURE
I:\IBD\STANDBY\AMENDMENT\4743AKP1.DOC
COPY
•
3'
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 17,2008
•
Mr.Don Theisen,Director of Public Works
Washington County
11660 Myeron Road N.
Stillwater,MN 55082-9573
RE: Letter of Credit Reduction-#1
I am in receipt of the attached letter from your office,dated June 16th,2008 in which you seek to have the
City reduce the current Letter of Credit—(LOC#SLCMMSP04743)that the City maintains in conjunction
with Development Agreement dated August 10th,2007 for the Washington County Government Facility
Expansion.The original amount is$550,000 and the City is agreeable to reducing the amount to
$150,000.00 subject to terms below.
The next step is that your lender must issue a new letter of credit for the above specified amount.When
this is received and in proper order,the City will be able to officially rescind the initial document and
such amount,this rescission will be by subsequent written confirmation.Naturally,the new letter of credit
must be in similar form and have the same stipulations as the current documents.Please ensure that the new
letter of credit will be in-force for a period of not less than 12-months and with the automatic extension
provision.
To date the project is largely completed relative to City requirements and public improvements.However,
items such as providing the City with"as-built"drawings of utilities,a final bituminous lift on certain
streets and conveyances of easements/accesses must still be accomplished.Moreover,the revised LOC will
additionally secure the commitments made for the 62Nd Street,three-party agreement(Amendment#1)
dated Oct 4,2007.
As th4,proje p egresses should you wish further reductions please let me know.
r�..: hhceree
Eric son
City , s„','strator
P Upon completion of the above process,the City will be able to additionally release the$50,000
cash deposit.
Cc: Commissioner Gary Kriesel
Jim Schug,Washington County Administrator
Judy Hoist,City Finance Director
Weekly Notes
embank.
Five Star Service Guaranteed(1ft)
U.S. Bank National Association SWIFT: USBKUS44
Standby Letters of Credit: BC-MN-H2OG TELEX: 192179 USB INTL MPS
800 Nicollet Mall Phone: 866-359-2503 x 5854
Minneapolis, Minnesota 55402 612-303-7395
Fax: 612-303-5226
August 10, 2007
BENEFICIARY APPLICANT
City of Oak Park Heights Washington County
14169 Oak Park Road 14949 62nd Street North
Oak Park Heights, MN 55082 Stillwater, MN 55082
Attn: Mr. Eric Johnson, City Administrator
We hereby establish our Irrevocable Standby Letter of Credit No. SLCMMSP04743 for the account of
Washington County, 14949 62nd Street North, Stillwater, Minnesota 55082 in the initial amount of five hundred
fifty thousand dollars ($550,000.00)and authorize the City of Oak Park Heights to draw at sight on U.S. Bank
National Association.
This letter of credit shall be deemed automatically extended without modification for one-year(1)from August
10, 2008 or any extended expiration date unless thirty (30)days or more prior to such date we shall notify you
by registered or certified mail that we elect not to extend this Letter of Credit for any such period.
Drafts on us at sight must be accompanied by the original Letter of Credit and a beneficiary's signed
statement that Washington County has either i)failed to comply with terms of the August 10, 2007
Development Agreement as executed between Washington County and City of Oak Park Heights relative to
the construction of the Plan A improvements as specified therein, or ii)this Letter of Credit will expire within
thirty (30)days and this Letter of Credit has not been renewed or replaced as required.
The amounts of any drafts drawn under this Letter of Credit are to be endorsed on the reverse side hereof.
Such drafts must bear the clause"Drawn under U.S. Bank National Association credit number
SLCMMSP04743 dated August 10, 2007."
We hereby agree with drawers that drafts and documents as specified above will be duly honored upon
presentation to U.S. Bank National Association, 800 Nicollet Mall, attn: Standby Letters of Credit BC-MN-
H2OG, Minneapolis Minnesota 55402, if presented on or before August 10, 2008.
This credit is subject to the International Standby Practices(ISP98), International Chamber of Commerce
Publication Number 590.
U.S. Bank National Association
Authoriz-d Signature
embank®
Five Star Service Guaranteed 0
U.S. Bank National Association SWIFT: USBKUS44
Standby Letters of Credit BC-MN-H2OG TELEX: 192179 USB INTL MPS
800 Nicol let Mall Phone: 866-359-2503 x 5854
Minneapolis, Minnesota 55402 612-303-7395
Fax : 612-303-5226
AUGUST 10, 2007
LETTER OF CREDIT NUMBER: SLCMMSP04743
DOLLAR AMOUNT: USD 550,000.00
EXPIRATION DATE: AUGUST 10, 2008
APPLICANT: WASHINGTON COUNTY
14949 62ND STREET NORTH
STILLWATER, MINNESOTA 55082
BENEFICIARY: CITY OF OAK PARK HEIGHTS
14169 OAK PARK ROAD
OAK PARK HEIGHTS, MINNESOTA 55082
ATTN: MR. ERIC JOHNSON
CITY ADMINISTRATOR
U.S. BANK NATIONAL ASSOCIATION
/ AUTHORIZED SIGN'TURE
I:\IBD\STANDBY\LETTER\474300.DOC
WasLifroigtotn Public Works Department
Donald J.T heisen,P.E.
Director/County Engineer
� Wayne H.Sandberg,P.E.
Deputy Director/Assistant County Engineer
June 16, 2008
Eric Johnson, Administrator
City of Oak Park Heights
P 0 Box 2007
Oak Park Heights, MN 55082
Letter of Credit
Dear Eric:
Our current Letter of Credit (LOC) of$550,000 for conditions detailed in our Developer's
Agreement expires on August 10, 2008. Washington County is requesting an amendment to
the LOC as it is renewed to a new amount of$150,000.
The work on the project will be substantially completed by August 10 as only final paving and
some minor landscape items remain to be done. We also agreed to your retaining $50,000 of
this Letter of Credit in Amendment#1 to our tri-party agreement with City of Oak Park Heights,
City of Stillwater, and Washington County. This $50,000 would be a part of the new$150,000
LOC.
In order for us to process a reduced LOC amount; we need to receive written approval from the
LOC beneficiary (City of Oak Park Heights) of this amendment to $150,000. Once we receive
this a new LOC will be issued to the City. A letter signed by an official of the City will suffice.
After we have completed this LOC amendment, we appreciate your refund of the $50,000 check
provided to the City for the south parking lot improvements. This project has been completed.
Thanks for your assistance and please do not hesitate to contact me if you have any questions.
Sincerely,
Donald J. Theisen, P.E.
Director/County Engineer
c: Gary Kriesel
Jim Schug
Enc.
11660 Myeron Road North, Stillwater, Minnesota 55082-9573
Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity/Affirmative Action
Washington Public Works Department
Donald J.Theisen,P.E.
of Director/County Engineer
l Wayne H.Sandberg,P.E.
Deputy Director/Assistant County Engineer
June 16, 2008
Eric Johnson, Administrator
City of Oak Park Heights
P 0 Box 2007
Oak Park Heights, MN 55082
Letter of Credit
Dear Eric:
Our current Letter of Credit (LOC) of$550,000 for conditions detailed in our Developer's
Agreement expires on August 10, 2008. Washington County is requesting an amendment to
the LOC as it is renewed to a new amount of$150,000.
The work on the project will be substantially completed by August 10 as only final paving and
some minor landscape items remain to be done. We also agreed to your retaining $50,000 of
this Letter of Credit in Amendment#1 to our tri-party agreement with City of Oak Park Heights,
City of Stillwater, and Washington County. This $50,000 would be a part of the new$150,000
LOC.
In order for us to process a reduced LOC amount; we need to receive written approval from the
LOC beneficiary (City of Oak Park Heights) of this amendment to $150,000. Once we receive
this a new LOC will be issued to the City. A letter signed by an official of the City will suffice.
After we have completed this LOC amendment, we appreciate your refund of the $50,000 check
provided to the City for the south parking lot improvements. This project has been completed.
Thanks for your assistance and please do not hesitate to contact me if you have any questions.
Sincerely, .L0,,,2________
Donald J. Theisen, P.E.
Director/County Engineer
c: Gary Kriesel
Jim Schug
Enc.
11660 Myeron Road North, Stillwater, Minnesota 55082-9573
Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity/Affirmative Action
I
r! bank®
Five Star Service Guaranteed
U.S. Bank National Association SWIFT: USBKUS44
Standby Letters of Credit: BC-MN-H2OG TELEX: 192179 USB INTL MPS
800 Nicollet Mall Phone: 866-359-2503 x 5854
Minneapolis, Minnesota 55402 612-303-7395
Fax: 612-303-5226
August 10, 2007
BENEFICIARY APPLICANT
City of Oak Park Heights Washington County
14169 Oak Park Road 14949 62nd Street North
Oak Park Heights, MN 55082 Stillwater, MN 55082
Attn: Mr. Eric Johnson, City Administrator
We hereby establish our Irrevocable Standby Letter of Credit No. SLCMMSP04743 for the account of
Washington County, 14949 62nd Street North, Stillwater, Minnesota 55082 in the initial amount of five hundred
fifty thousand dollars ($550,000.00) and authorize the City of Oak Park Heights to draw at sight on U.S. Bank
National Association.
This letter of credit shall be deemed automatically extended without modification for one-year(1)from August
10, 2008 or any extended expiration date unless thirty (30)days or more prior to such date we shall notify you
by registered or certified mail that we elect not to extend this Letter of Credit for any such period.
Drafts on us at sight must be accompanied by the original Letter of Credit and a beneficiary's signed
statement that Washington County has either i)failed to comply with terms of the August 10, 2007
Development Agreement as executed between Washington County and City of Oak Park Heights relative to
the construction of the Plan A improvements as specified therein, or ii)this Letter of Credit will expire within
thirty (30)days and this Letter of Credit has not been renewed or replaced as required.
The amounts of any drafts drawn under this Letter of Credit are to be endorsed on the reverse side hereof.
Such drafts must bear the clause"Drawn under U.S. Bank National Association credit number
SLCMMSP04743 dated August 10, 2007."
We hereby agree with drawers that drafts and documents as specified above will be duly honored upon
presentation to U.S. Bank National Association, 800 Nicollet Mall, attn: Standby Letters of Credit BC-MN-
H2OG, Minneapolis Minnesota 55402, if presented on or before August 10, 2008.
This credit is subject to the International Standby Practices(ISP98), International Chamber of Commerce
Publication Number 590.
U.S. Bank National Association
'Ilka.IL: 11i _Aa ' /
Authoriz•d Signature
Vbank®
Five Star Service Guaranteed *,t*
U.S. Bank National Association SWIFT: USBKUS44
Standby Letters of Credit BC-MN-H2OG TELEX: 192179 USB INTL MPS
800 Nicol let Mall Phone: 866-359-2503 x 5854
Minneapolis, Minnesota 55402 612-303-7395
AUGUST 10, 2007 Fax : 612-303-5226
LETTER OF CREDIT NUMBER: SLCMMSP04743
DOLLAR AMOUNT: USD 550,000.00
EXPIRATION DATE: AUGUST 10, 2008
APPLICANT: WASHINGTON COUNTY
14949 62ND STREET NORTH
STILLWATER, MINNESOTA 55082
BENEFICIARY: CITY OF OAK PARK HEIGHTS
14169 OAK PARK ROAD
OAK PARK HEIGHTS, MINNESOTA 55082
ATTN: MR. ERIC JOHNSON
CITY ADMINISTRATOR
U.S. BANK NATIONAL ASSOCIATION
AUTHORIZED SIGN'TURE
I:\IBD\STANDBY\LETTER\474300.DOC
'' • Public Works Department
a gtOIl Donald Theisen,P.E.
W s
Director/County Engineer
( Ol1I'1tr,r Wayne H.Sandberg,P.E.
Deputy Director/Assistant County Engineer
July 1, 2008
Mr. Tom Ozzello
City of Oak Park Heights
14168 Oak Park Blvd N
Oak Park Heights, MN 55082
Mr. Ozzello:
On May 27th, 2008, Gary Wisbar and I met at the Government Center stormwater pond area
with you and Chris Long to discuss the issue of the increased water treatment at the waste
water treatment plant. At that meeting, an invoice was given to us from the City totaling
$4,732.93 for treatment of 1,250,000 gallons of clean water that ran through the wastewater
treatment plant.
We are not objecting to paying our fair share for this; however, we have some items listed below
that would help clarify how it was determined that the manhole in question is where all of this
water drained into.
1. No water has or can flow to this bioretention pond through the piping that we installed as
a part of this project. We installed a plug in the pipe because we have not finalized
construction of this pond and did not want water flowing to it through the piping system.
Any water that flowed to this pond would need to do so overland.
2. All major grading for this site was finished last year. The first day that our contractor was
on site for this year was on April 29th.
3. Per our design plan, the bottom of the pond is at an elevation of 856.5 and the HWL is
857.5 (12" difference). The overflow elevation is 857.3.
4. There was a 0.9" rain event on April 21. The information provided by the City showed an
increase in water treatment at the plant on April 21 and April 22. There was a similar rain
event (approximately 0.87")that occurred on April 24. Was there an increased water
flow through the waste water treatment plant after that event?
5. At our field meeting, the sanitary manhole cover was still on and had not been removed
at any point prior to, during or after this rain event. Last year our contractor did raise the
sanitary manhole structure per the design plan. There are currently some gaps between
the concrete structure and the steel casting. Using your laser level, we determined that
the gaps between the concrete structure and casting are at the same elevation as the
overflow elevation to the south.
6. Our consultant performed some calculations to determine the area that could flow
overland flow to the pond, how much rain from a 0.9" rain event would flow to the pond,
and flow rates through the gaps in the sanitary structure. The calculations are below.
11660 Myeron Road North,Stillwater, Minnesota 55082-9573
Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity/Affirmative Action
a) The drainage area for the pond consists of approximately 45,500 square feet (sf)
of water that could flow overland to the pond.
b) A 0.9" rain event on exposed dirt produces 305 cu-ft (2,282 gallons) of runoff
volume. If all of this volume flowed to the pond, which has an area of 6604 sq-ft
at the lowest contour, this equates to 0.55" of depth over the bottom.
c) Using a weir flow rate or orifice flow rate, it would take approximately 2.5 —3.5
days to drain 1.25M gallons of water.
We would be willing to meet with you and the City Engineer to discuss our assumptions,
the calculations and results from above.
Again, we are not objecting to paying our share for any potential increased water flow because
of our construction activities. However, we would appreciate any clarification to any of these
items above and a little more information on how it was determined that this sanitary manhole
was the reason for the increased water flow at the waste water treatment plant.
Sincerely
Ted choenecker
County Transportation Engineer
cc: Jim Schug
Don Theisen
Wayne Sandberg
Eric Johnson, City of Oak Park Heights
1 Public Works Department
cJ Donald J.Theisen,P.E.
gtOIl En ineer
Director/County Engineer
Wayne H.Sandberg,P.E.
y Deputy Director/Assistant County Engineer
July 1, 2008
Mr. Tom Ozzel o
City of Oak Pa Heights
14168 Oak Par Blvd N
Oak Park Height- MN 55082
Mr. Ozzello:
On May 27th, 2008, G- Wisbar and I met at the Governmen enter stormwater pond area
with you and Chris Lon• to discuss the issue of the increas-• water treatment at the waste
water treatment plant. A that meeting, an invoice was given to us from the City totaling
$4,732.93 for treatment o 1,250,000 gallons of clean w- er that ran through the wastewater
treatment plant.
We are not objecting to payin• our fair share for th'-; however, we have some items listed below
that would help clarify how it wa. determined th- the manhole in question is where all of this
water drained into.
1. No water has or can flow to t,is bi• -tention pond through the piping that we installed as
a part of this project. We insta e' a plug in the pipe because we have not finalized
construction of this pond and d'• not want water flowing to it through the piping system.
Any water that flowed to this •on. ould need to do so overland.
2. All major grading for thi ite was fini ged last year. The first day that our contractor was
on site for this year w.s on April 29th.
3. Per our design •. -n, the bottom of the pon• 's at an elevation of 856.5 and the HWL is
857.5 (12" di rence). The overflow elevatio, is 857.3.
4. There w- a 0.9" rain event on April 21. The inf• mation provided by the City showed an
increa . in water treatment at the plant on April 2 -nd April 22. There was a similar rain
even (approximately 0.87") that occurred on April 2• Was there an increased water
flo through the waste water treatment plant after thavent?
5. At our field meeting, the sanitary manhole cover was still-go and had not been removed
at any point prior to, during or after this rain event. Last year,our contractor did raise the
sanitary manhole structure per the design plan. There are ct)rrently some gaps between
the concrete structure and the steel casting. Using your laser le el, we determined that
the gaps between the concrete structure and casting are at the same elevation as the
overflow elevation to the south.
6. Our consultant performed some calculations to determine the area that could flow
overland flow to the pond, how much rain from a 0.9" rain event would flow to the pond,
and flow rates through the gaps in the sanitary structure. The calculations are below.
11660 Myeron Road North,Stillwater, Minnesota 55082-9573
Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity/Affirmative Action
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ANDERSON-JOHNSON 305 ST. PETER STREET
O ASSOCIATES, ST. PAUL, MN 55102
INC. FAX 651.223.5646 TEL: 651.227.7773 L01 LANDSCAPEARCIITECTURE • SITE PLANNING •CIVIL ENGINEERING 110 N. BROCKWAY,SUITE 220
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7575 GOLDEN VALLEY ROAD • SUITE 200 • DINNI9POUSMN55427 PALATINE, IL E 220
PAX 1763)544-0531 PH(763)544-7120
FAX: 847.241.6105 TEL: 847.241.6105
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Page 1 of 1
Eric Johnson
From: Erickson, Karen S[Karen.Erickson @bonestroo.coml
Sent: Thursday, October 18, 2007 3:09 PM
To: Ted Schoenecker
Cc: Eric Johnson; Tom Ozzello; Postler, Dennis M; Long, Chris W; Hanson, David D
Subject: Washington County Government Center-Bituminous Paving
Ted-
Based on the recent field inspections and the failure of the bituminous non wear course the City's
position is to pave the wear course in 2008. In addition, there are several areas where the sub ra final
gra
base have failed. At these locations the bituminous non wear course should be patched • d and
then observed for an extended time (prior to moisture isyear sue and
wear course paving)to verify that the m
been resolved. sue has
In addition to the saturated base there are also issues with the surface drainage at 62nd Street
and Beach.
At this time there is not positive drainage to the catch basin that was installed as part of this project
storm water is currently ponding on 62nd Street. Positive drainage to the catch basin must be obtained
prior to placing the bituminous wear course. ed
Eric Johnson, City Administrator, is aware of these issues and would be happy to talk with
any concerns you may have with the City's requirements. you about
Karen Erickson, PE
Tel 651-604-4788
karen.erickson@bonestroo.com
Bonestroo
2335 Highway 36 W
St. Paul, MN 55113
Tel 651-636-4600
Fax 651-636-1311
www.bonestroo.com
10/18/2007
WaShington. Public Works Department
Donald J.Theisen,P.E.�o Director/County Engineer
untyWayne H.Sandberg,P.E.
Deputy Director/Assistant County Engineer
September 24, 2007
Mr. Eric Johnson
City of Oak Park Heights
14168 Oak Park Blvd N
Oak Park Heights, MN 55082
Re: Oxboro Avenue North
Mr. Johnson:
As a part of the 2025 Campus Improvements, Washington County has been working on many
different projects and will begin working on more around the campus area. As a result of this,
Oxboro Avenue will be the primary route for construction traffic to facilitate the building and site
improvements. The majority of these improvements are expected to be completed by the end of
2010.
Once the major construction is completed for the campus, Washington County will pay for 100
percent of a mill and overlay on Oxboro Avenue from 62nd Street to the Highway 36 frontage
road to address the pavement conditions of Oxboro Avenue. If greater needs are identified for
Oxboro Avenue, we will work with you and your staff to identify those needs and develop a plan
for addressing them.
If you have any questions or would like to discuss this further, please call me at 651-430-4319.
Since,f-- y(X)...._____________.
-d Schoenecker
County Transportation Engineer
cc: Jim Schug
Don Theisen
Wayne Sandberg
11660 Myeron Road North, Stillwater, Minnesota 55082-9573
Phone: 651-430-4300 • Fax: 651-430-4350 • TTY: 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity/Affirmative Action