HomeMy WebLinkAboutDevelopers agreement CITY OF ORONO
HENNEPIN COUNTY,MIlVNT,SOTA
DEVELOPER'S AGREEMENT FOR
CREEKSIDE IN ORONO
BY
CREEKSIDE IN ORONO,LLC
THIS AGREEMEI�IT,made and entered into this���day of February,20Q5,by
and between the City of Orono,a municipal corporation organized under the laws of the State of
Minnesota(hereinafter called"City'�, and Creekside In Orono,LLC,a Minnesota limited
liabiiity company,its heirs,organized under the laws of the successors and assigns,(hereinafter
called"Develope�"}.
WITNESSETH:
W�IEREAS,the Deveioper has made application to the City Council for approval of the
final pla#of Creekside in Orono.
AND,WHEREAS,the City Council has granted approval for such devel,apment on the
condition that the Developer enter into this agreement to pravide for the instaIlation of
improvements hereinafter described on the terms and conditions hereinafter set forth.
NOW,THEREFORE,in consideration of the premises and of the mutuai promises and
conditions hereinafter conta.ined, it is hereby agreed as follows:
I. Property Description: Lots 1-7,Block 1, Outlot A,Outlot B, Creekside in Orono,according
to the recorded plat thereof.
2. Imnrovements: In accozda�ce with the policies and ordiziances of the City,the following
described public or pr�vate improvements(herein.after collectively cailed the �
"Impmvements'�shail be constructed and installed on fihe terms and conditions hereinafter �
contained:
See Ezlubit A attached hereto and made a part hereof.
Page 1 of 5
Initiats of Developer
Initials of City Clerk .
3. Construction Plans: The£ollowing described detailed plans and specifications for the
complete installation of the Improvements shall be submitted by the Developer for the
approval of the City pzior to the start of construction. The Plans and specifications shall
conform to all current City standards for a!1 applicable work. The detailed plans and
specifications for complete installation are as follows:
Construcfio�Plm7s: Latest Revision Date:
Sheet 1 of i2: Cover Sheet 1-03-OS
Sheets 2-3 of 12: Creekside Trail Street Improvements 1-03-OS
Sheets 4-5 of 12: Creekside Trail Utility Improvements 1-31-OS
Sheet 6 of 12: Creekside Trail Storm Sewer Improvements 1-03-OS
Sheet 7 of 12: Creekside Trail Cross Sections 1-03-OS
Shcets 8-10 of 12:Typical Deta.ils 1-03-OS
Sheet 11 of 12: La.ndscape Plan 1-31-OS
Sheet 12 of 12: Landscape Details 1-03-OS
Stormwater Plan SWPP:(4 sheets)
Sheets 1-2 of 4 1-19-OS
Sheet 3 of 4: City Comments and Street Name 1-31-OS
Sheet 4 of 4 1-19-OS
Grading,Drainage&
Erosion Control Plaus:
Sheet 1 of 6: Cover Sheet 1-19-OS
Sheet 2 of 6: E�usting Conditions 1-19-OS
Sheet 3 of 5: Tree Preservation Plan 1-19-OS
Sheet 4 of b: Grading,Draining&Erosion Control Plan 1-31-OS
Sheet 5 of 6: Creekside Trail Street Improvemen#s 1-19-OS
Sheet 6 of 6: Typical Details 1-19-OS
All further revisions to the above plans shall require approval of the City Engineer.
4. Construction of Impz�ovements:
a. Connmencement Date-The construction of Improvements shall begin no later than
June 1,2005. No land aiterations can talce place until erosion control is
established and the City is in receipt of a fmal gzading and road plan. In addition,
no Improvements can begin until the City Engineer of Orono has approved all
Improvement plans.
b. Completion Date—All Improvements shall be completed no la#er than July 1,
2006.
Page 2 of 5
Initials of Develaper
Initials of City Clerk
c. Contractors--The Developer shall select,retain and.supervise the Contractor(s}
responsible for Improvement construction. The City reserves the right to require
satisfactory proof of successful experience and adequate financial status of any
such contractor. Where required by Ciiy ordinauce,the cantractoz shali first
obtai.n a license from the City.
d. PreConstntction Conference--Prior to the start of any construction,the
Developer and the Developer's Contractor sha11 meet with the responsible City
official to review construction plans and schedules.
e. Permits-Prior to the start of any construction,the Developer's Contractor shall
apply for and receive all necessary permits from the City and/or government
agencies having jurisdiction. No building permits will be issued until all drainage
facilities and drai.nage improvements have been installed and a satisfactory road
base,including the first biiuminous layer,has been instalied.
f. Construction-'I'he construction,installation and materials shall be in accordance
with the plans and specifications approved by the City.
g. Insurance-The Developer will cause each person who constiucts and installs any
Improvement to maintain complete insurance covera.ge including Worker's
Compensation, LiabiliTy and Property Damage.
5. Performance De�posit: For#he purposes of assuring to the City that the Improvements will be
completed according to the terms of this agreement,and that the Developer will pay all
claims for work done and materiais and supplies furnished,the Developer has deposited with
the City at the time of the execution of tlus a�eement an irrevocable letter of credit in a form
satisfactory to the City providing that the City is able to draw upon such letter of credit in its
sole discretion ta complete the Impravements if the Developer fails to safisfactorily complete
the work prior to the completion date specified in Section 4 above.The amount of such
deposit shall not be reduced before substantial completion of the Improvements.The letter of
credit shall expire no sooner#han six months aftez the completion date specified in Section 4
above,or no sooner than August 31,2006,whichever is later.
b. Fees and Exnenses: The Developer agrees to pay all Ci#y fees required per the ciuxent City
Fee Schedule and further agrees to completety reimburse the City for all the variable
additionai expenses it incurs in regard to the review and approval af the Improvements
i.ucluding,but not Iirnited to,direct City payroll and overhead, costs,and fees paid to
consultants and other professionals.
7. Resolutions of Citv. Developer agrees to be bound by the provisions set forth in all
resolutions of the City Council approving the Development.
8. Termination: This Agreement shall be terminated upon the completion of all Improvements
set forth in this Agreement.
- Page 3 of 5
Initials of Developer
InitiaLs of City Cierk �
9. Bindin�,Effect: 'Fbe terms and provisions hereof sha11 be binding vpon and inure to the
benefit of the heirs,representatives, successors and assigns of the parties hereto and shall.be
binding deemed.covenants rarn�ng with the Iand.References herein to Developer,if there be
more than one,shalt mean each and all of them. This agreement to be executed by the
Developer,shall be placed of record so as to give notice hereof to subsequent purchasers and
encumbrancers of all or any part of the subdivision and alI recordi�ng fees,if any,shall be ,
paid by the Developer.
10.Notices: Whenever in this agreement it shall be required or permitted that notice or demand
� be given or served by either party to this agreement to or on the other party,such notice or
demand shall be delivered gersonally or mailed by United States certified mail(return receipt
requested)to the addresses set forth below. Such notice or demand shall be deemed timely
given when delivered personally or when deposited in the mail in accordance with the above.
Notice to Citv Notice to Developer
City of Orono Creelcside in Orono,LLC '
Clerk/Administ�or Attn: Henry Lazniarz
P.O.Box 66 1117 Marquette Avenue
Crystal Bay,MN 55323 Suite 2509
Minneapalis,MN 55403
11. Incorporation by Reference:All plans,special provisions,proposals, specifications and
contracts for the Im�provements furnished a.nd let pursuant to this agreement sha11 be and
hereby are made a part of this agreement by reference as fully as i�set out herein in full.
IN WITNESS WHEREOF,the City and Subdivider have caused this agreeme�t ta be duly
executed on the day and year first above writxen. .
CITY OF URONO:
By: gy: av '�
(Mayor} ( ity Clerk)
Page 4 of 5 �
Tnitials of Developer "
. Initials of City Clerk
STATE OF NIINNESOTA )
}
COUNTY OF HENNEPIN ) �
'The foregoing in.strument was acknowledged before me on tius /�day of February,
2oas �y (.�a.r�,� � �_ C u�r�I Q_ �. �.:e.� ,�ayor�
Ciry Clerk of the City of Orono,a Minnesota municipal corporation and said i.nstnunent was
executed on behalf of the City.
� ,�czc�ic.��_ ,C���
'��raCHEL DODGE - �" �
',� �.'�.Y�us�ic n��w,rEsor� Notary Public
�'" ., .,mm�ssae
�,►�.s�.mta
DEVELOPER:
CREEKSIDE OF ORONO,LLC
,
By:
Henry iarL
Its: Chief Manager/Fresident
STATE OF MINNESOTA )
)
COUNTY OF AENNEPIN )
On this ��`— day of February,2005,before me a Notary Public within and for said
county,pezsonally appeared Henry Lazniatz, as Chief Manager/President of Creekside In Orono,
LLC,and said instrument was executed on behalf of the Company.
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NO'�,:�� .'l;BUC-
����y MlNNESOTA
"_� My Co'rmi>s�,;n�xoires 1-3i-2Q05 otary Public
Reviewed for Adrninistratioz�:
nat�: z - �z-c��- By:�2� 1��._--
�c��y o����t� ..
This document has been dra€ted by:
Blustin&Associates,PLLC
5775 Wayzaxa Boulevard
Suite 700
Minneapolis,NIN 55416
Pa.ge 5 of 5 �
Initials of Developer
Initials of City Clerk
CREEKSIDE IN ORONO
� DEVELOPER'S AGREEMENT
EX�iIBIT A
Improvements; Terms and Conditions.
The improvements include site�adi.ng; construction and installation of a private road; construction aud
installation of stormwater management faciiities; construction and installation of sanitary sewer azid
water facilities; and site restoration and landscaping.
The Tmprovements shall be constructed in accordance with the approved construction plans as stated in
this Agree�ent, and with the pertinent conditions of approval contained within the Final Plat Approval
Resolution No. 5279 adopted by the Orono City Council on 7anuary 24,2045.
Tree Preservation and Laudscapin�. The developer shall ad.here to the approved tree preservation and
landscaping plans.The develaper shall wa3k the site with City staff prior to site grading to establish
which,if ax�y,trees within the grading area can be saved or transplanted. The developer shall confer
with the property owner of 130 Brown Road South and with City staff ta establish an altemate layout
for spacing of bo�levard trees along that adjoining property to provide a naturallook rather fhan a
regimented iook. Developer shall follow the landscape plan general notes{upper left on Sheet 12 of
12}, especially with regards to pruning and removal of dead wood and dama�ed branches within the .
Conservation Easement areas.
Conservation Easement Markin�. Permanent markers of a design and matexial acceptable to the
Planning Director shall be placed by the developer at all points where tJse Conservation Easement
intersects a lot boundary oz where the Easement boundary Iine changes direction, as stipulated in the
Flowage and Conservation Easement.
Sanitary Sewer and Water. Systems. All applicable City of Long La.ke cormection fees and charges
associated with the sewer and water system serving the develop�nent shall be paid to Long Lake by the
Developer.Developer shall be responszble for any charges to the City of Orono from the City of Long
Lake in relation to the provision of nnunicipal sewer and water from L�ng Lake.
Upon complefion by the Developez and acceptance by the City of Orono,the sanitary sewer and water
facilaties within Outlot B and within the 30'utility easement of Lot 7,shall become tize property of the
City o£Orono aud becoz�ae a part of the City of Orono utility system,to be opera.ted and maix�tained by
the City of Orono.
Page 1 of 3
As part of the instaliation af sanitary sewer and water improvezzients per the approved plans,Developer
shall install two sewer and two water stubs for fuiure service to the Dunu property and one sewer and
one water stub for future service to the McCuskey property.
Grading and Drainage Requirements. General site gradi.ug shall be in conformance with the approved
Grading,Drainage and Ezosion Control Plan. During development within indi�vidual Iots,wherever
feasible,individual c3riveways and yard areas shall be graded ta drain toward the road storm sewer
system. Wherever feasible,roof gutter systems shall be installed to discharge roof runoff so tha#it will
drain toward the road stozm sewer system.
Signage and Lightine. No street lighting or development identification signage has been approved for
Cxeekside In Orono. Any such proposed lighting or signage shall be subject to pzior Czty approvai,
which may require public hearings.
Site Improvements:Building Permit Tssuance. No land alterations shall#ake place until erosion control
zs established and the City Engi.neer has approved all final improvement plans.No buiiding permits will
be issued until a11 drainage facilities and improveinents have been installed and satisfactory road base
(including road base and the initial lift of bitum�inous}has been installed and approved by the City.
Site Improvement Cost Estimate. The Site Tmprovement Cost Estzmate on page 3 of this Exhibit shall
be the basis for the amount of the Letter of G�edit required by this agreement.
Page 2 of 3
City of Orono
Creekside in Orono
Plat No. 04-3016
Site Improvement Cost Estirnate-Revised 2-1'[-05
Es#. Unit Est.
Item Unit Quantity Price Cosf
Mobiiization LS 'E $5,000 $5,000
Site Grading LS 1 40,000 40,000
Common Excavation CY 5,540 5 27,70b
Aggregate Base, Class 5 TN 1,382 12 16,579
Aggregate Base, Class 4 TN 1,382 12 16,579
Type 31 Bituminous TN 492 40 16,486
Type 41 Bituminous TN 206 45 9,274
Surmountabfe Curb and Gutter LF 986 10 9,860
6618 Curb and Gufter LF 716 11 7,876
Residential Concrete Driveway SY 17 36 612
6"DIP, CI.52 LF 1,058 22 23,276
6"Gate Valve and Box EA 5 600 3,000
Hydrant EA 3 1,500 4,500
Curb stop and box EA 7 150 1,050
9 inch type K copper water service LF 350 10 3,500
12"RCP LF 12 25 300
15"RCP LF 244 30 7,320
18" RCP LF 14 35 490
8"PVC Sform LF 17 20 340
8"FES wl Trash Guard EA 1 150 15fl
92"FES EA 1 400 4Q0
15" FES EA 2 500 1,Q00
18" FES w/Trash Guard EA 1 600 600
. Rip Rap w!Filter Blanket CY 17 50 830
Remove Existing 15"CMP LS 1 500 500
Outlet Contro! Structure EA 1 2,500 2,500
Storm Manhole w/R-9642 Casting EA 1 1,500 1,500
Catch Basin Manhoie w/R-3067 Casting EA 2 1,500 3,000
Double Catch Basin Manhole w!R-3067 Cast. EA 1 1,500 1,500
8"PVC, SDR 35 Sanitary LF 928 27 25,064
Sanitary Manhole w/R-1642 Casting EA 7 1,700 11,900
Sanitary Manhole Overdepth LF 42 100 4,200
Restoration including trees LS 1 50,000 50,000
Silt Fence LF 2,000 3 6,000
Estimated Construction Cost $302,885
+50%Security Deposit $951,443
Tota!Security Deposit Required �454,328
Page 3 of 3