HomeMy WebLinkAbout2001-11-13 CC Meeting Packet Enclosure_Meeting Date
Agenda Item Title
l ime Require
Agenda Placement
Originating Department/Requestor
Requester's Signature
Background/justification:
Please contact me with any questions you may have.
Oah ParL Heights
Request for Council Action
November 13, 2001
Sigstad Carpets
5 Minutes
old Business
Community Development
Kr'
Action Requested Approve Street Improvements and Development
Agreement
Please be advised that we have received a letter of proposal from Greystone Construction on behalf of
Sigstad Carpets regarding the extension of Novak Avenue for their project.
As you will recall, the City Council approved. the Site Plan and Conditional Use Permit for the project
at your meeting of 8/28/01 contingent on the resolution of the road issues and preparing a
development agreement.
Greystone Construction is proposing to pay 50 percent of the road improvement costs as it effects their
property al such time the Cit deterrnines the road should be constructed. Sigstad Carpets has received
approval from MNDOT for access to their site from 60 Street.
Staff recommends that the City Council 1) approve the financing of the street as requested b Sigstad
Carpets and 2) Approve a Development Agreement between the Cit and Sigstad Carpets.
s:1SIIARED/Forms/COUNCIL ACTION RI QUIST.doc
Nov 05 01 03:00p
November 2, 2001
Attn.: City Council
C IR El N I P j r ONE
City of Oak Park Heights
14168 North 57 Street
P.O. Box 2007
Oak Park Heights, MN 55052-2007
Re: Sigstad's Carpet
Street Improvements
This letter is sent to amend our proposed conditions to the request for street improvements (Novak
Avenue North) dated July 19, 2001.
We request that following conditions be included in the Developer's Agreement between the City
and Sigstad's Carpet:
1. The street will be designed to meet City specifications.
2. The street improvements will proceed at which time the City and affected
property owners agree to proceed.
3. Fifty percent of the cost of the street improvements will be assessed against our
property at the time the improvements are constructed. Assessments will be based
on the lineal foot frontage of our lot on the future Novak Avenue North and fifty
percent of the cost for that section of street.
4. We propose the assessment will be spread over a 15-year period at an interest rate
approximately 1% over the City's rate.
5. We request temporary access to our parking of until Novak Avenue North
construction is complete. We also request a permanent truck access to our loading
area; both of these assesses are from 60 Street North (Frontage Road). We have
received our access permit from MNDOT for both accesses.
We would appreciate resolving all issues by the end of November 2001.
If you have any questions or concerns, contact Jeff Hensel of Greystone Construction Company at
952-496-2227 — Shakopee Office or 651-257-2742 — Lindstrom Office.
Thank You,
GR_EYSTONE CONSTRUCTION COMPANY
Jeff - Hensel
Sales Manager
Quinnell
1221 East Fourth Avenue, Suite 110
Shakopee, Minnesota 55379
CONSTRUCTION COMPANY
Equal Opportunity
Employer/Contractor
952-278-1195 p.2
Telephone: 952-496-2227
Fax: 952-445-4191
INTRODUCTION
NOVAK AVENUE NORTH (SIGSTAD CARPETS)
FILE NO. 55-01 -113
August 23, 2001
Sigstad Carpets, Inc. has submitted a preliminary plan for a commercial site to serve its
carpet store. This site is located south of 60 Street North (Highway 36 Frontage Road),
and east of the gravel road entrance to the Stillwater Auto Parts (Novak Avenue North) in
the City of Oak Park Heights' Central Business District.
The purpose of this report is to define the improvements required to serve the subdivision
and to provide cost estimates and a method of cost allocation to determine project
feasibility. The layout of this site and the improvements required to serve this area are
shown on the drawings attached to this report.
REQUIRED IMPROVEMENTS
PRELIMINARY REPORT
ON
UTILITY AND STREET IMPROVEMENTS
Novak Avenue North is platted with an 80 -foot permanent road and utility easement. It is
proposed that the permanent street be constructed to the southerly property line of Sigstad
Carpets with the terminate being a temporary 90 foot diameter cul -de -sac. The road will
be built to a width of 40 feet with barrier type B618 concrete curb and gutter with 10
inches of gravel base and 3- inches of bituminous surfacing. No curb or bituminous
wearing course would be installed in the temporary cul -de -sac. In addition, there will be
streetscaping, which includes stamped concrete sidewalk, decorative fencing, street lights
and trees. The City's CBD Design Guidelines propose 64' wide street right-of-ways for
this type of mixed -use precinct. Since the existing roadway easement is 80' wide, an
alternate for a 16' wide, landscaped median is included (Alternate 1) that would increase
the overall street width to 56' between curbs.
An eight (8) inch diameter sanitary sewer is located in an easement adjacent to 60th Street
North. A connection will be made to this sewer with a main extended southerly into the
temporary cul-de -sac.
A twelve (12) inch water main also exists along 60 Street North. This project will
require that the 12 -inch main be tapped while in service with an 8 inch diameter main
extended southerly and terminating near the same location as the sanitary sewer.
Storm water on this portion of Novak Avenue North will discharge into catch basins and
a proposed culvert under Novak Avenue North at bo Street North. The storm water
runoff from the carpet store is directed into a storm sewer system located within the
parking lot. This system discharges to an on site pond before being discharged to the
natural drainage swale on the south side of the property. When the area to the south is
developed the pond will be removed and the storm sewer system will be connected with
the new construction.
The connection for the sanitary and water service for Sigstad Carpets will be at the mains
adjacent to 60 Street. A six-inch diameter sanitary sewer and 6" water main stub will be
extended to the west to serve future development.
PERMITS AND EASEMENTS REQUIRED
All of the improvements required would be constructed on dedicated local public
roadways or on easements being provided by the developer with no other acquisition
activities required.
There are no wetlands located on the site so no wetland permits will be required. It will
be necessary to obtain approval from the Brown's Creek Watershed Management
Organization for the grading, drainage and erosion control activity on the site. It will also
be necessary to obtain a driveway or entrance permit from the Minnesota Department of
Transportation for connecting Novak Avenue to the Highway 36 Service Road or 60
Street. Other than noted above, only standard permits for the construction of the water
main and sanitary sewer will be obtained from the Minnesota Department of Health and
Pollution Control Agency. A General Storm Water Permit for Construction Activities
must also be obtained from the Minnesota Pollution Control Agency.
COST ESTIMATES
Detailed cost estimates have been prepared for the construction of utilities and streets to
serve the site and are included in the Appendix of the report. All costs are based on unit
prices anticipated for the 2001 construction season and include a twenty -five (25) percent
allowance for engineering, administrative costs and legal fees. An overall summary of
these costs is shown below:
Item
Sanitary Sewer
Water Main
Services
Storm Sewer
Street Improvements
Alternate 1
Total Project Cost
Trunk area and connection charges, which have
collected from development. These charges are
COST ALLOCATION
Estimated Cost
$20,000.00
$2 1,200.00
$ 2,3 00.00
$9,200.00
$167,900.00
$12,500.00
5233,100.00
been adopted by the City, must also be
listed in the Cost Allocation section.
All costs being incurred for this project consist of the various improvements along Novak
Avenue North. At this time all of the costs shown above would be assigned to Sigstad
Carpets. It is anticipated that another lot like Sigstad Carpets could be platted on the west
side of Novak Avenue North with no other costs to be incurred. Sigstad Carpets will be
reimbursed via assessments levied against the property west of Novak Avenue North.
The assessment schedule will be determined by City Council and the estimated amount is
shown below under "Future Development"
The assignment of costs would be as shown in the following computations:
j a t' etjt ic ,
Sanitary Sewer $20,000.00
Water Main $21,200.00
Services $ 2,3 00.00
Storm Sewer $9,200.00
Street Improvements $1 67,900.00
Alternate 1 512,500.00
Sub total $233,1 00.00
Connection Charges
Trunk Sanitary Sewer 2.54 Acres x $2,600/Ac $6,604.00
Trunk Waterworks 2.54 Acres x $4,520/Ac $11,480.80
Trunk Storm Sewer 2.54 Acres x $5,730/Ac $14,554.20
Sub total $32
Total 5253,239.00
Future Develo meat
Sanitary Sewer
Water Main
Services
Storm Sewer
Street Improvements
Alternate 1
west of Novak Avenue North
$ 20,000.00 x 50%
$ 21,200.00 x 50%
S 2,300.00 x 100%
$ 9,200.00 x 50%
$167,900.00 x 50%
$ 12,500.00 x 50/0
$1 0,000.00
$10,600.00
$2,300.00
$4,600.00
$53,950.00
$6,250.00
Total $ 117,700.00
Connection Charges for the future development will be determined at time of
development.
CONSLUSIONS AND RECOMMENDATIONS
As a result of the study, it can be concluded that the construction of utilities and streets to
serve the area is feasible. The primary objective is to serve Sigstad Carpets and the
balance of the land to the south and west in the City's CBD.
It is recommended that this report be approved and used as a guide for the layout and
design of the public improvements to served Sigstad Carpets and the Central Business
District. It is further recommended that copies of this report be forwarded to the
developer so that they can determine further action to be taken.
I hereby certify that this report was prepared by me
or under my direct supervision and that I am a duly
Registered Professional Engineer under the laws of
the State of Minnesota.
Dennis M. Postier, P.E.
Date: August 23, 2001 Reg. No. 22011
Services
6" Gate Valve & Box
6" D.I.P. Class 52
6" PVC
Item
Sanitary Sewer
Mobilization
Traffic Control
Construct manhole over exsting pipe
8" PVC Sanitary Pipe
4' Diameter manhole
4' diameter overdepth
PVC wye, 6 "x8"
Pipe bedding
Improved pipe foundation
Televise
Item
Water Main
12" x 8" Wet Tap, including 8" G.V. & Box
8" D.I.P., Class 52
8" Gate Valve & Box
6" Gate Valve & Box
Hydrant
DIP. . P. Fittings
Item
Appendix A
Novak Avenue North (Sigstad Carpets)
Cost Estimate
Unit Quantity Unit Price
LS
LS
EA
LF
EA
LF
EA
LF
LF
LF
1
1
1
360
1
8
1
360
360
360
Estimated Construction Cost
25% Engr., Fiscal, & Admin.
Total Sanitary Sewer
$1,500.00
$1,000.00
$3,000.00
$18.00
$1,600.00
$150.00
$75.00
$1.00
$1.00
$1.25
Total
$1,500.00
$1,000.00
$3,000.00
$6,480.00
$1,600.00
$1,200.00
$75.00
$360.00
$360.00
$450.00
$16,025.00
$4,006.25
$20,031.25
Unit Quantity Unit Price Total
LS 1 $2,500.00 $2,500.00
LF 345 $22.00 $7,590.00
EA 2 $850.00 $1,700.00
EA 2 $500.00 $1,000.00
EA 2 $1,500.00 $3,000.00
LBS 770 $1.50 $1,155.00
25% Engr., Fiscal, & Admin.
Total Water Main
Unit Quantity Unit Price
EA 1
LF 40
LF 40
25% Engr., Fiscal, & Admin.
Total Services
$500.00
$18.00
$16.00
$16,945.00
$4,236.25
............. ..........
$21,181.25
Total
$500.00
$720.00
$640.00
$1,860.00
$465.00
$2,325.00
Item
Storm Sewer
Remove 12" CMP Culvert
12" RCP, CL. 5
2x3 Catch Basin
4' diameter catch basin manhole
12" Flared end section with trash guard
Rip Rap
Seeding
Silt Fence
Item
Street Improvements
Common Excavation
Select Granular Borrow
Aggregate Base, Class 5
Bituminous Base
Bituminous Wear
Bituminous Tack Coat
B618 Curb and Gutter
Concrete driveway aprons
Decorative Sidewalk, 8' wide
Street Lights
Decorative Fence
Trees
Seeding
Double Wood Barricades
Item
Alternate 1- Raised Landscaped Median
Common Excavation
Select Granular Borrow
Aggregate Base, Class 5
B612 Curb and Gutter
Black Dirt
Unit Quantity Unit Price Total
LF 80 $5.00 $400.00
LF 80 $15.00 $1,200.00
EA 1 $1,200.00 $1,200.00
EA 1 $1,600.00 $1,600.00
EA 2 $800.00 $1,600.00
cY 12 $80.00 $960.00
AC 0.05 $2,400.00 $120.00
LF 150 $2.00 $300.00
$7,380.00
25% Engr., Fiscal, &Admin. $1,845.00
Total Storm Sewer $9,225.00
Unit Quantity Unit Price
cY 1230 $4.00
TN 1685 $6.00
TN 1405 $8.00
TN 255 $32.00
TN 125 $35.00
GAL 64 $1.50
LF 626 $9.00
SF 720 $5.00
SF 5008 $9.00
EA 4 $2,400.00
LF 500 $50.00
EA 16 $300.00
AC 0.5
EA 1
25% Engr., Fiscal, & Admin.
Total Street Improvements
cY
TN
TN
LF
CY
Unit Quantity Unit Price
275
295
245
534
65
25% Engr., Fiscal, & Admin.
Total Alternate 1
Total
$4,920.00
$10,110.00
$11,240.00
$8,160.00
$4,375.00
$96.00
$5,634.00
$3,600.00
$45,072.00
$9,600.00
$25,000.00
$4,800.00
$2,400.00 $1,200.00
$500.00 $500.00
$134,307.00
$33,576.75
. ..... . .. .. .......... .......................
$167,883.75
Total
$4.00 $1,100.00
$6.00 $1,770.00
$8.00 $1,960.00
$9.00 $4,806.00
$6.00 $390.00
$10,026,00
$2,506.50
$12,532.50
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2001,
by and between the City of Oak Park Heights, a municipal corporation under the laws of the State
of Minnesota (the "City "), and Gerald M. Sigstad and Bonita Sigstad, husband and wife, (the
"Developer ").
WITNESSETH; That:
WHEREAS, the Developer has made application to the City Council for approval of a
conditional use permit to locate a 4 tenant retail facility on land within the corporate limits of the
City described as follows:
(the "Site "); and,
See Attached Exhibit A.
WHEREAS, the City Council has on August 28 2001, granted conditional approval to
the project, 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,
vierling \OPH \Devagree \Sigstad's Dev Agr 08.18,01
1
drainage and site plan. A grading plan with maximum two (2) foot contours,
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 The building site must
have a grading plan approved by the Building Inspector of the City of Oak Park
Heights prior to a building permit being issued.
B. The Developer shall control soil erosion ensuring:
1. All development shall conform to the natural limitations presented
by the topography and soil of the subdivision in order to create the
best potential for preventing soil erosion. The Developer shall
submit an erosion control plan, detailing all erosion control measures
to be implemented during construction, said plan shall be approved
by the City prior to the commencement of site grading or
construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City Engineer shall be installed prior to development
and as may be necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
4. Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four (4) inches and shall be of a quality
at least equal to the soil quality prior to development.
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 placed
after all street and lawn grading has been completed in order to preserve the
lot markers for future property owners.
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.
vierling \OPH \Devagree\ igatad'e Lev Agr 08,18,01
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. A
detailed landscape plan shall be submitted to and require the approval by the
City prior to commencement of final grading and landscaping construction.
F. The Developer shall install all street name signs at all intersections and
provide other traffic control signs within the subdivision as determined to be
necessary by the City. Temporary street name signs shall be installed by the
Developer prior to issuance of the first building permit. The temporary sign
shall be constructed of durable materials to be approved by the Building
Official.
G. The Developer shall remove all diseased trees before building permits will
be issued as to the site. As it affects the removal of dead trees and
vegetation on any individual lot, the same shall be addressed within the
individual grading plan to be submitted to the Building Inspector of the City
of Oak Park Heights. The Building Inspector shall determine in conjunction
with the City Forester, the need to remove dead vegetation upon the site.
H. 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 development 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. If and when the street becomes impassible, such streets shall be
barricaded and closed. The Developer shall be responsible for the removal
of snow from all gravel streets. The repair of any damage done to the streets
or public utilities shall be the financial responsibility of the Developer.
I. The Developer shall furnish street lights in accordance with the City's
residential street lighting plan.
J. Developer shall provide at its own expense a temporary culdesac at the end
of Novak Street North, the designee and construction of which shall be
subject to the review and approval of the City Engineer.
K. Developer shall also provide a detailed phasing plan as it affects the
implementation of phase II which plan shall be subject to the review and the
approval of the City Council. The detailed phasing plan shall include plans
for roadway, utility extension provisions for storm water retention and
drainage and the timing of development.
Vierling\OPH\Devagree\Sigstad's Dev Agr 08.18.01
3
General Requirements:
1. Street lighting shall be owned, installed, operated and maintained by
the electric utility company (NSP). City and utility company shall
enter into a contractual agreement on the rate and maintenance of the
street lighting system.
2. It shall be the responsibility of the Developer to:
a. Reimburse the City for the first two (2) years of operating
cost of the street lighting system.
b. Pay the electric utility company any cost incurred in the
installation of the street lighting units not covered in the
electric utility company rate for this service. This payment
shall be required to be guaranteed as part of the Plan A
security.
c. The two year payment schedule (policy) shall be put into
effect upon installation of each lighting unit.
d. All these costs shall be guaranteed by part of the Plan A
security.
J. The Developer shall dedicate a reasonable portion of the 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
K. The Developer shall dedicate and survey all drainage storm water and hold
ponds as required by the City. The Developer shall be responsible for storm
sewer cleaning and holding pond dredging, as required, by the City prior to
completion of the development.
L. The Developer shall be responsible for securing all necessary approvals and
permits from all appropriate federal, state, regional and local jurisdictions
prior to the conllnlencernent of site grading or construction and prior to the
City awarding construction contracts for public utilities. The Developer shall
secure access permits as may be required from MNDOT before proceeding
with construction.
I. Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all lot lines.
Vierling \OPH \Devagree igstad's Dev Agr 08,18.01
4
PLAN A IMPROVEMENTS
2. DESCRIPTION OF IMPROVEMENT ESTIMATED COST
1. Boulevard and swale sod $ 3,500.00
2. Boulevard trees $ (Per Arborist)
3. Street signs $ 300.00
4. Street lights $ nla
5. Grading $ 1,400.00
6. Erosion Control $ 600.00
7. Pond Protection & Restoration $ nla
S. Utility Protection & Repair $ 1,200.00
9. Street Protection & Repair $ 20,000.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (25 %):
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
SECURITY REQUIREMENT (25%)
TOTAL PLAN A ESCROW
Vierling \OPH \Devagree\ igstad' DeV Agr 08.18.01
5
$27,000.00
$ 6,750.00
$33,750.00
$ 8,100.00
$41.850.00
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 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 Developer shall dedicate to the City, 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.
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 hereof by the Developer,
the Developer will furnish to, and at all times hereinafter maintain with the
City, a cash deposit, certified check, or an Irrevocable Letter of Credit, based
on one hundred and twenty -five percent (125 %) of the total estimated cost of.
Plan A Improvements as indicated in Section 2. An Irrevocable Letter of
Credit shall be for the exclusive use and benefit of the City of Oak Park
Heights and shall state thereon that the same is issued to guarantee and
assure performance by the Developer of all the terms and conditions of this
Development Agreement and construction of all required improvements in
accordance with the ordinances and specifications of the City. The City
reserves the right to draw, in whole or in part, on any portion of the
Irrevocable Letter of Credit for the purpose of guaranteeing the terms and
conditions of this Agreement. The Irrevocable Letter of Credit shall be
renewed or replaced by not later than thirty (30) days prior to its expiration.
E. Reduction of Escrow Guarantee. The Developer may request reduction of
the Letter of Credit or cash deposit based on prepayment or the value of the
completed improvements at the time of the requested reduction. The
amount of reduction will be determined by the City and such
recommendation will be submitted to the City Council for action. Following
any payment for a Plan A improvement which is within the Engineer's
Vierling\OPH\Devagree\Sigstad's LDev Agr 081801
6
estimate, the City may consider and allow a reduction of the Letter of Credit
up to the rate of $1.25 for every dollar that has been paid out of the
escrow /Letter of Credit provided that the project is on schedule, the
Developer is not in default under the terms of the Development Agreement
and/or no extraordinary expenses beyond the engineering estimate have been
incurred during the course of the project.
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:
1. DESCRIPTION OF IMPROVEMENT
A. Sanitary sewer
B. Water main
C. House Service
D. Storm sewer
E. Base preparation
F. Curb and gutter
G. Surfacing streets
H. Raised Median Excluding landscaping)
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN B IMPROVEMENTS:
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (25 %):
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN B IMPROVEMENTS:
SECURITY REQUIREMENT (25 %)
TOTAL PLAN B ESCROW
ierling OPH \Devagree Sigstad's Dev Agr 08.18.01
ESTIMATED COST
$ 16,000.00
$ 17,000.00
$ 1,900.00
$ 1,900.00
$ 7,400.00
$ 26,300.00
$ 53,700.00
$ 10,000.00
$ 186,600.00
$ 46,650.00
$ 233,250.00
$ 55,980.00
$289,230.00
2. That prior to the City ordering the installation and awarding the contracts as
it relates to the Plan B improvements and the costs therefor, the Developer
shall deposit with the City of Oak Park Heights, the total estimated cost of
the Plan B improvements plus a 25% security requirement related thereto for
a total of $289,230.00. The City shall pay from said deposit all expenses
related to the construction of the Plan B improvements providing for the
construction of same as follows:
A. Construction. 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.
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 $289,230.00. 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. 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 Developer 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.
Vierling\OPH\Devagree\Sigstad's Dev Agr 08.18.01
8
The Developer shall 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.
D. All such improvements as constructed shall become the property of
the City of Oak Park Heights. The Developer shall convey to the
City at no cost all permanent and temporary easements necessary for
the construction of such improvements as determined by the City.
E. Contracts. All such construction contracts as awarded by the City of
Oak Park Heights to construct the Plan B improvements shall
provide for a guarantee of the workmanship and materials for a
period of one year following the completion of construction of the
Plan B improvements. All such contracts shall also conform to the
ordinances and specifications of the City in the construction of all
Plan B improvements.
F. Reduction of Cash De s osit /Letter of Credit. The City shall be
allowed to draw upon the cash deposit /Letter of Credit /escrow for
the payment of any and all construction contracts awarded as it
relates to the Plan B improvements, or any portion or increment
thereof, upon certification by the City Engineer of completion of
construction of the Plan B improvements, or any portion or
increment thereof. Upon final completion of the Plan B
improvements and certification of same by the City Engineer, any
remaining funds on hand, provided as security to secure the
construction of the Plan B improvements, shall be refunded to the
Developer.
G. C h a i r ders. No change order increasing the contract expense
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.
Vierling\OPH\Devagree\Sigstad's Lev Aqr 08 , 18.01
9
I. Connection Charges. All connection charges and fees shall be paid
by Developer upon execution of this agreement. The City Engineer
has computed the connection fee as prescribed by
ordinance /resolution as to this development and advised the City as
to the appropriate fee to be collected. As it affects this development,
the City engineer has calculated the total sanitary, water works and
storm sewer connection charges to be in the amount of $32,639.00.
No building permit shall be issued until this amount has been paid.
5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow
account to the City of Oak Park Heights in the amount of. $289,230.00 to
reimburse the City of Oak Park Heights for expenses relating to this
development and for future engineering, legal and administrative costs
relating to the public improvements involved and to be incurred by the City
of Oak Park Heights in either Phase of this development.
6. GENERAL:
A. Binding Effect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives, successors
and assigns of the parties hereto and shall be binding upon all future
owners of all or any part of the Subdivision and shall be deemed
covenants running with the land. References herein to Developer, if
there be more than one, shall mean each and all of them. The
Agreement, at the option of the City, shall be placed on record so as
to give notice hereof to subsequent purchasers and encumbrances of
all or any part of the Development and all recording fees, if any,
shall be paid by the Developer.
B. 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.
C. The City of Oak Park Heights shall file the Developer's Agreement
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.
D. Establishment of Construction Schedules. The City Engineer shall
establish construction schedules for Plan A and Plan B
improvements and shall consult with Developer prior to establishing
same.
ierling \OPH \Levagree \Sigstad's Lev Agr 08,18.01
10
E. Zoning. This development has been designated a zoning
classification of CBD by the City Council. All future use and
development shall comply with the applicable provisions of the
relevant zoning ordinance and design guidelines of the City of. Oak
Park Heights relating thereto.
H. Street Connections All present and future connections of streets
within this "Site" to adjacent lands shall be made under the
supervision and approval of the City Engineer.
I. Street Grades. The grades of all streets shall not exceed 8% and the
minimum grade shall not be less than .5 %.
J. The terms and conditions specified within Resolution No. 2001-
of. the City of oak Park Heights a copy of which is annexed hereto as
Exhibit "B" is hereby incorporated by reference herein and is made a
part hereof and the conditions specified therein shall be complied
with by Developer.
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 OF OAK PARK HEIGHTS
By
David Beaudet
Mayor
In the presence of: Gerald M. Sigstad
Bonita Sigstad
Vierling \OPH \Ie agree\ igetad's Dev Agr 08,18.01
11
Kim Damper
Acting Administrator
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
On this day of , 1995, before me a Notary Public, within and for
said County personally appeared David Beaudet and Kim Kamper personally known, being each by
me duly sworn did say that they are respectively the Mayor and the Acting 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.
STATE OF MINNESOTA )
. ss.
COUNTY OF WASHINGTON)
On this day of. , 1995, before me a Notary Public, within and for
said County personally appeared and ,
to me personally known, being each by me duly sworn did say that they are respectively the
"Developer" named in the foregoing instrument.
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
ierling \oPH \De agree\ igstad' s Dev Agr 081801
Notary Public
Notary Public
Property Id: 05- 029 -020
Exhibit A
Sigstad Carpets Legal Description
Part NE 1 /4 - NE 1 /4 of Section 5 Township 29 Range 20 being the west 300.00 feet of the
east 1013.00 feet of the north 325.00 feet of the NE 1/4...
=mvipx.4
4-=
slool!q0Jv
Jouun pinea
MEI
:Pon! c 1 J C
NOLLVAAl2
VIOSNNIP GIH 4Vd >IVO
aVIG915
6
.1,44
1
a
t9Z£
z
c
uJz
Ill
> <
-
ttMLON
air
ftI
- 9
1 9
W.... • • •
..0-.4
1
z
V
S£
Q
z
c o
S U01 #005 3° t/1 '3 1 041 0 j/1 '3'N .41 }a cull 1. --\\
S uW1 } +/I '3'N 043 30 t/I TN sa33 3
i «31O3 0 g43 3 loot (von Atom l►V3 10 0011 3
15 u3P3ir8 D
8
s
g uotw$S 3 VI '3'N 041 }a 1'/ I '3'N e' J. 1Q03 OOT 3O1 3003 .13 I. 0 1...M