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HomeMy WebLinkAbout2002-03-08 Fully Executed Developer AgreementTHIS AGREEMENT, made and entered into this �a_ , 3 ` day of`- hfc i 4,` 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" and "Owners" of the below described lands). WITNESSETH; That: WHEREAS, the Developer and owners have 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 below representing that they are the owners in fee of the subject property (the "Site"); and, CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT See Attached Exhibit A. WHEREAS, the City Council has on August 28t 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, 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 1 construction shall be submitted to the City for approval. The building site must have a grading plan approved by the City Engineer 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 streets 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. 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 entrance signs at all temporary and permanent entrances and provide other traffic control striping on the parking surface within the lot as determined to be necessary by the City Engineer. Any temporary or permanent 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 Official shall determine in conjunction with the City Arborist 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 shalt 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 shalt furnish site lighting in accordance with the City's lighting ordinance. J. 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 internal traffic circulation on the site, utility extension provisions for storm water retention and drainage and the timing of development. K. The Developer maintain and survey all drainage storm water and hold ponds as required by the City to be located on the building site. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City. 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 commencement 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. M. Drainage and utility easements. 10 -foot drainage and utility easements shall be provided along all lot lines. PLAN A IMPROVEMENTS 2. DESCRIPTION OF IMPROVEMENT ESTIMATED COST 1. Boulevard and swale sod $ 3,500.00 2. Boulevard trees $ 3,870.00 3. Street signs $ 300.00 4. Street lights $ n/a 5. Grading $ 1,400.00 6. Erosion Control $ 600.00 7. Pond Protection & Restoration $ n/a 8. 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 COST OF PLAN A IMPROVEMENTS: SECURITY REQUIREMENT (25 %) $ 9,646.00 TOTAL PLAN A ESCROW $48,233.50 4 530,870.00 $ 7,717.50 $38,587.50 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 estimate, the City may consider and allow a reduction of the Letter of Credit up to the rate of $ I.25 for every dollar that has been paid out 5 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. 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. 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. 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. E. 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. 6 F. Temporary Access Curbcuts. Developer has been granted a temporary curbcut and connection to 60 Street by MNDOT and the City. A permanent curbcut /access for Truck deliveries only off 60 St. will remain. Developer agrees that upon the City construction of Novak Avenue North along the property's west border the temporary access to 60 St. will be removed and permanent access to the site off Novak Avenue North will be constructed at Developers expense and pursuant to plans submitted to and approved by the City Engineer. G. Assessment for Novak Avenue North. Developer and Owners agree that the City shall construct Novak Avenue North and associated public utilities at a future time and that the street construction and utilities benefits the land which is the subject of this agreement. Owners consent and agree at or after such construction of Novak Avenue North and associated utilities they shall be assessed an amount equal to fifty percent (50 %) of the total cost of the street and utility project based on a lineal foot frontage cost of the improvement adjoining their property, all as shall be determined by the City Engineer. Owners acknowledge that the city shall have the right to determine the period of time over which the assessment shall be collected and the rate of interest that the assessment shall bear. H. The terms and conditions specified within Planners Report of the City of Oak Park Heights dated August 2, 2001, Planners Memo of August 23, 2001 and the October 24, 2001 correspondence from the Minnesota Department of Transportation (copies attached) are hereby incorporated by reference herein and is made a part hereof and the conditions specified therein shall be complied with by Developer. I. Establishment of Construction Schedules. The Developer shall establish construction schedules for Plan B improvements and shall consult with Director of Community Development of the City prior to establishing same. 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: CIT In the presence of: By ,0 Lc) L& 14,li 41) 1L STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) Gerald M. Sigstad Bonita Sigstad 8 David Beaudet Mayor Kim Ka per Acting Administrator On this V' day of Dtdeember , 2001, 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 My Comm. Expires Jan, 31, 2005 JULIE R. JOHNSON I NOTARY PUBLIC - MINNESOTA WASHINGTON COUNTY UVWWWVIANVVINVVV : SS. COUNTY OF WASHINGTON) Mark J. Vierling Eckberg, Lammers, Briggs, Wolff Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (651) 439-2878 NC0TYrNevyTpcl-Itt j1:8e,L;lcm176101:0\Nii(NiEENsoISLTA JAN 3 ?cos THIS INSTRUMENT WAS DRATTED BY 9 Notary Pu kiruati") ‘C. 73 %tom \ On this 9 k I. day of ry c . k , 200) ., before me a Notary Public, within and for said County personally appeared _G and Azg 5" to me personally known, being each by me duly sw m did say that they are respecti "Developer" named in the foregoing instrument. the Washington County GEO Code: 05-029-20-11-0042 Legal Description: Exhibit A Sigstad's Mill-Direct Carpets SECT-05 TWP -029 RANGE -020 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 -NE 1/4 OF SECTION 5 TOWNSHIP 29