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Home My WebLink About2013-12-18 PACKET 04.K.REQUEST OF CITY COUNCI� ACTION COUNCIL AGENDA MEETING ITEM # DATE 12/18/201 . PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR *********�****************�***************�***** COUNCIL ACTION REQUEST 1. Consider adopting a resolution approving the final plat named Cayden Glen (formerly named Ravine Meadows). 2. Consider adopting a resolution approving the final Feasibility Report dated 11/07/2013 and the plans and specifications dated November 11, 2013 for Cayden Glen. 3. Consider approving the proposed Development Agreement and Third Party Agreemenfs with Newland Communities Midwest to develop the Cayden Glen project. STAFF RECOMMENDATION 1. Adopt a resolution approving the final plat named Cayden Glen. 2. Adopt a resolution approving the Feasibility Report dated 11/07/2013 and the final plans and specifications dated November 11, 2013 for Cayden Glen. 3. Approve the Development Agreement and Third Party Agreements with Newland Communities Midwest to develop the Cayden Glen project. ADVISORY COMMISSION ACTIO � � � � I� I■ I�. �_ PLANNING PUBLIC SAFETY PUBLIC WORKS PARKS AND RECREATION HUMAN SERVICES/RIGHTS ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from John McCool dated 11/26/13 � RESOLUTION: Draft Resolutions ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � OTHER: Development Agreement and Third Party Agreements DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ADMINISTRATOR'S COMMENTS ? f �� 1 � � ' Administrator Date **********�*******************�****�************ COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove � Pride andP�osPerity Meet TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: November 26, 2013 RE: Newland Communities Midwest — Final Plat, Feasibility Report and Plans and Specifications and Development Agreement Approval for Cayden Glen (formerly known as Ravine Meadows) Introduction Newland Communities Midwest has filed a final plat application to develop a detached single- family residential subdivision renamed as Cayden Glen (formerly named Ravine Meadows). This project consists of 92 lots for detached single-family homes and is located approximately one-third of a mile east of Jamaica Avenue and north of 70th Street (CSAH 22). A location map is shown below and a copy of the Cayden Glen final plat is attached. Discussion The Cayden Glen final plat is consistent with the Ravine Meadows preliminary plat and planned development overlay plan the City Council approved on April 3, 2013. The final plat was distri- Project Location Map Honorable Mayor, City Council, and Ryan Schroeder Cayden Glen — Final Plat and Development Agreement November 26, 2013 Page 2 of 3 buted to other City departments and utility companies for review and comment. No comments or changes were recommended for the final plat. The City's consulting engineer has prepared the construction plans and specifications and the developer will construct all the public improvements. The developer also reached an agreement with the South Washington Watershed District (SWWD) for grading and constructing improvements across their property and continues to negotiate with D.R. Horton for a temporary utility easements across Horton's Eastridge Woods project. Site grading on the Cayden Glen site might begin in a couple months. The draft resolution approving the final plat includes conditions that modify certain conditions in the resolution approving the preliminary plat for this project. These changes are recommended because the costs estimates, construction plans, and feasibility report provided detailed information that contradicts assumptions made at the time the preliminary plat was reviewed last March. In regards to the homeowners' association covenants between Newland Land Group's Cayden Glen project and D.R. Horton's future fourth phase for Eastridge Woods, both developers have reached a mutual agreement that the lots, landscaping and building materials and design will be complementary and the overall appearance between both projects will be uniform. The details of this mutual arrangement will be completed once the Cayden Glen homeowners association has been created. Preparation of the Feasibility Report dated November 7, 2013 was based on the assumption that the sanitary sewer and watermain would be constructed to the northeast corner of the Cayden Glen plat and extending in a northeasterly-easterly direction across the SW1ND and D.R. Horton subdivision. This alignment benefits both projects, reducing the amount of sanitary sewer pipe needed to serve the Cayden Glen project and ultimately resulting in less cost to both developers and City. The illustration below shows the proposed sanitary sewer alignment that crosses the SWWD and D.R. Horton properties. Honorable Mayor, City Council, and Ryan Schroeder Cayden Glen — Final Plat and Development Agreement November 26, 2013 Page 3 of 3 ' �� " -- --_ --- ___ % : � "" ../ 7 u � N fiC=91.8 NH M If.-!'.3 .7 �. _ . O RE 126 ^- � p p �^if+j�9 _E'� `S}� p 0 �.' p - q ,»' � S1 7i`F .L �� .'i � hii � -- -- �rr' r ' a ---- ?' ; - ti � � . D � t �- 4 v ti N +� ¢ d �� l ' � � 4�1 k7-5I0.� �� - >11'�. (tYP.) Q.lff �, B S � n r� .a � . � � � \ \� - --- -----�------ � IC?Hcf^n-PJ'^3153•.•;�y_an'e• � �..�� Rst�FeaclsFlsnCe_h? + ` \ L._________"___'____I � \� � \ t•E:.�a � `� �� .� �� \ �� ' `!�x �=`'ri ;anta} .. M1.v� j �.... ` \\� \\ C5� � \\ '�'_"_'_"_ , �.�' ni \\ �E- 0.5 7 E =`-� -- �� txnrr:c ua:o_e � �fRl � \ RE-91E.8 � � t � kC=9t'.D \\ \ �=60a.9 3� . R-fl _ � 6 . � \ � � I S, + \\ \ f � I VH ,�; .._� \\ \� RE-92-3< tE-B?D.7 � � � ,' 1G EN. ;i=6%.61 NH n \. � �— —(A:NhkGi IV tXSli\G I ^. 9�&� \ r11lIf \\ GAN. SEflER D \ ! kF-9; .y \ rc-o� .� i \ " � � �� e� � 'o�- � � e a � e R � - -�.� �� r� ex�sivc u �� QdYJ VI� tt ��,�� 1 \ ' \ RE+�9T2.2 7 � 8 �_s:oa e�. ♦ �,=ese.a � � _ 1 I enn a /� � \ � �� 1 == 1 � •' A � ui 1 1 � " ` — _ 01lEJF RE-415 \ �� _' J '� IE E3 a D \� \ I /`' -" _ _ j � '� ,�'' \� r �(� I � °� '° '° \� � \ `' t � �a� 6 -�;as � 5 2 P.tA 1 -- �� `�� C 696.0 RE=907A + �� 'L �� , hhL � .93.9 '� S R �n IE-893 2 �� \�� 411 /( ! ! �-��. I - — � �\\ \`Sb. .� . �-ti .._ kE� 1<.B _ � The City credited Newland Communities Midwest the estimated cost to construct the sanitary sewer and watermain from the cul-de-sac (Outlot I) in the northwest corner of the Eastridge Woods to Military Road. This was done because D.R. Horton would have had to construct these utilities in their future phase. Horton will reimburse the City for the cost of these utilities at the time they develop their future phase that will utilize these utilities. To accomplish the construc- tion of these utilities at this time, Newland Communities Midwest must secure temporary utility easements from D.R. Horton. The two developers continue to negotiate this arrangement. The developer signed the Development Agreement and plans to start site grading in the next couple months. Recommendation The City Council is requested to take the following actions: 1) Adopt the attached resolution approving the final plat named Cayden Glen (formerly named Ravine Meadows). 2) Adopt the attached resolution approving the Feasibility Report dated November 7, 2013 and the final plans and specifications dated November 11, 2013 for Cayden Glen. 2) Approve the proposed Development Agreement with Newland Communities Midwest for the development of the Cayden Glen project. � CA YDEN GLEN IfNOW AfL PERSONS eY 1NE� PRLS[NIS fiaf NMrnd Cammvnffiae A%O�ma(, !ac owrwr o/ (ho /a!lo�nnp 6ea�A6eE poperty afluafeC ln f�e CaunfY a IYaMfnqfw. 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Q pe " a � � �\1 �/; �� p°� 1:21.dJ �� _.�-^__ R�1A.00 ' =^q q�•K ��tG •••� � � I Gal� �Po � )roo � NP'J°AYDIT 3A.00 , sf.00 OUTLOT E � o.vmvqa end Ufll/fy Eoeamenl orvr o Cu!!of F � Westwood �IDICAIOn01$0NI45.111C. Shesl f o/ 4 aneoh � RESOLUTION NO. 2013-XXX RESOLUTION APPROVING THE FINAL PLAT NAMED CAYDEN GLEN WHEREAS, Newland Real Estate Group, LLC has filed a final plat application with the City of Cottage Grove to develop a detached single-family residential subdivision to be known as Cayden Glen (formerly named Ravine Meadows). This project consists of 92 lots for single- family homes and six outlots for public park space, stormwater detention basin, and landscape islands. This subdivision is located on property legally described as: The Southeast Quarter of the Southwest Quarter of Section 3, Township 27, Range 21, Washington County, Minnesota, except the East 459.25 feet thereof, and also except the South 320 feet of the West 121 feet thereof. . � The East 459.25 feet of the Southeast Quarter of the Southwest Quarter of Section 3, Township 27, Range 21, Washington County, Minnesota, containing 14 acres including road right of way. Subject to a public road easement for 70th Street South and all other easements, if any. And That part of the Southwest Quarter of the Southwest Quarter of Section 3, Township 27, Range 21, Washington County, Minnesota described as follows: Beginning at the Northeast corner of the South 639.67 feet of said Southwest Quarter of the Southwest Quarter; thence North 89 degrees 12 minutes 59 seconds West, assumed bearing, along the North line of said South 639.67 feet, a distance of 15.41 feet; thence South 01 degrees 26 minutes 59 seconds West, a distance of 319.69 feet to the North line of the East 30.00 feet of the south 320.00 feet of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 12 minutes 59 seconds East, along the North line of said East 30.00 feet of the South 320.00 feet, a distance of 17.00 feet to the East line of said Southwest Quarter of the Southwest Quarter; thence North 01 degrees 09 minutes 55 seconds East, along said East line of the Southwest Quarter of the Southwest Quarter, a distance of 319.69 feet to the point of beginning. _,• That part of the Southwest Quarter of the Southwest Quarter of Section 3, Township 27, Range 21, Washington County, Minnesota described as follows: Beginning at the Northeast corner of the South 639.67 feet of said Southwest Quarter of the Southwest Quarter; thence North 89 degrees 12 minutes 59 seconds West, assumed bearing, along the North line of said South 639.67 feet, a distance of 15.41 feet; thence North 01 degrees 26 minutes 59 seconds East, a distance of 687.87 feet to the North line of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 14 minutes 09 seconds East, along the said North line of the Southwest Quarter of the Southwest Quarter; a distance of 12.00 feet to the Northeast corner of said Southwest Resolution No. 2013-XXX Page 2 of 7 Quarter of the Southwest Quarter; thence South 01 degrees 09 minutes 55 seconds West, along said East line of the Southwest Quarter of the Southwest Quarter, a distance of 687.84 feet to the point of beginning. WHEREAS, the Planning Commission held the public hearing for the rezoning, prelimi- nary plat, and Planned Development Overlay (PDO) District for the proposed Ravine Meadows subdivision on February 25, 2013. This development plan is now named Cayden Glen; and WHEREAS, the Planning Commission unanimously recommended approval of the rezon- ing, preliminary plat, and Planned Development Overlay (PDO) applications on February 25, 2013, subject to certain conditions; and WHEREAS, the City Council subsequently accepted the Planning Commission's recom- mendations and approved the preliminary plat (Res. No. 2013-039) on April 3, 2013; and WHEREAS, the City Council adopted Ordinance No. 912 on April 3, 2013 for purposes of rezoning approximately 39.48 acres of land from AG-1, Agricultural Preservation to R-3, Single Family Residential District with a Planned Development Overlay (PDO) District; and WHEREAS, City staff found the Cayden Glen final plat substantially consistent with the approved preliminary plat and the Planned Development Overlay (PDO) initially named Ravine Meadows; and WHEREAS, the original subdivision plat name for this 92 lot detached single-family residential project was "Ravine Meadows," but the plat name has been changed to "Cayden Glen." NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the final plat application filed by Newland Real Estate Group, LLC for a residential subdivision plat named Cayden Glen, which consists of 92 lots for single-family homes and six outlot parcels for public park space, storm- water detention basin, and landscape islands. This project is located on property legally described above. Approval of this final plat is subject to the following conditions: The developer and builders must comply with all city ordinances and policies. 2. The developer must abide by the conditions stipulated in Resolution No. 2013-039, a resolution approving the Ravine Meadows preliminary plat (now named Cayden Glen) except as hereafter modified. 3. All utility, drainage, and development plans must conform to the plans approved by the City Engineer. The developer may start rough grading of the lots before the plat is filed, if a MPCA Construction Storm Water Permit has been issued and the City has been furnished with a cash escrow or Letter of Credit in the minimum amount specified in the approved development agreement. 4. Development of this project must comply with the grading and erosion control plans as approved by the City Engineer. Resolution No. 2013-XXX Page 3 of 7 5. The developer must construct or install and pay for the following: a) Pave streets b) Concrete curb and gutter c) Street lights d) Water system (trunk and lateral) and water house service stubs e) Sanitary sewer system (trunk and lateral) and sanitary house service stubs � Storm sewer system g) Street and traffic control signs/signals h) Shaping and sodding drainage ways and berms in accordance with the drainage development plan approved by the City Engineer i) Adjust and repair new and existing utilities j) Sidewalks and trails k) Erosion control, site grading and ponding These Improvements must be in conformance with City approved plans and specifications and will be installed at the sole expense of the developer in conformance with Title 10, Chapter 5 of the City Code. The form of the security is subject to the reasonable approval of the City. 6. The Homeowner's Association for this development is responsible for the mainten- ance of all vegetation and landscaping lying within the stormwater basins, center medians and landscaped islands, and the buffer easement along the rear lot line of Lots 1 through 10, Block 1 and Lots 1 through 5, Block 2 of Cayden Glen. The City will rough cut the vegetation within the stormwater basins twice per year if the Homeowner's Association does not maintain these areas. 7. The City will supply the street light poles and luminaries. The Developer will pay the City for street light poles and street light luminaries. This fee is due and payable at the time of executing the development agreement. 8. The City agrees to review and consider the final wear course paving along certain roadway segments in advance of other roadways depending on the location of the roadway segment and if at least 90 percent of the houses on that street segment have been constructed. 9. After the site is rough graded, but before any utility construction commences or building permits are issued, the erosion control plan shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if it is determined that the methods implemented are insufficient to properly control erosion. 10. The final plat and declaration of private covenants must be recorded with the Washington County Recorder's Office before any building permit can be issued. Resolution No. 2013-XXX Page 4 of 7 11. Before final financial guarantees are released, a certificate signed by a registered engineer must be provided. This certificate will state that all final lot and building grades are in conformance to drainage development plan(s) approved by the City Engineer. 12. The Developer is responsible for ensuring that all builders complete the final grade on their lots and ensuring all boulevards and yards have a minimum of four inches of organic topsoil or black dirt on them. Placement of organic topsoil or black dirt, sod, and shrubs must not be transferred to homeowners. 13. The developer must comply with all the recommendations provided in Stantec's letter to the City Engineer dated May 7, 2013. 14. Approval of the final plat is contingent on the Developer's success to secure the appropriate easements for public utilities and temporary cul-de-sacs from the land- owners west of the Cayden Glen site. 15. Condition No. 12 in Resolution No. 2013-039 shall be amended by stipulating that the park boundary marker(s) must be installed on the residential lot that is desig- nated to have a boundary marker before a Certificate of Occupancy can be issued for the house on that particular residential lot. 16. Condition No. 18 in Resolution No. 2013-039 shall be amended by not requiring that an underground sprinkling system must irrigate the grass area all the way to the shoulder along 70th Street, but to only require the underground irrigation system along the north side of the trail paralleling 70th Street and permitting the sprinkler heads to spray water over the trail and into the grass area between the trail and shoulder of 70th Street. The City understands that not all the vegetation between the trail and 70th Street shoulder will be irrigated. The homeowners association is still responsible for mowing the grass area between the south boundary line of Blocks 1 and 2 and the shoulder along 70th Street. Mowing this area shall be consistent with the mowing and maintenance of the buffer strip along the rear lots platted in Blocks 1 and 2. 17. Condition No. 21 in Resolution No. 2013-039 shall be amended by requiring the builder to post a letter of credit or escrow for the estimated cost of the boulevard trees, four yard trees, and ten shrubs on each lot. 18. Condition No. 26 in Resolution No. 2013-039 shall be amended to read as follows: The applicant must submit private covenants with the final plat application which details the following: • The homeowners association shall own Outlots B, D, and E and be responsible for all maintenance, repair, replacement, removal, etc. of any and all landscaping amenities that are placed within street right-of-way, the buffer strip paralleling 70th Street, center landscaped islands described as Outlots B, D and E, and monument signs. Included in the declaration of Resolution No. 2013-XXX Page 5 of 7 covenants, the shall be a provision that if the homeowners association defaults on payment of property taxes and Outlots B, D, and/or E becomes tax-forfeited property with the city obtaining ownership, the city will bill annually each landowner within the Cayden Glen subdivision the cost to maintain the forFeited parcels and all property taxes due thereon. If fencing is installed along 70th Street, it must be constructed of the same design, materials and color and placed on the house side of the buffer easement located in the rear yard of those lots in Block 1 and 2. The fencing must not encroach within the buffer easement. All mailboxes and location of mailboxes must comply with the U.S. Postal Office guidelines and regulations. Mailboxes placed at the curb shall all be the same design and color. • Turf management in and around the stormwater basin in Outlot A will be perFormed by the City about twice per year. Weed control might occur once per year and the area will not be fertilized. Debris will generally be removed. Trees will be regularly trimmed and monitored. Tree saplings will be removed by Public Works. The City will periodically inspect the basin to assure property flow of the stormwater system. Inspections may result in structure maintenance/reconstruction (inlets, outlets, skimmers, etc.), sediment removal, basin shaping, and storm pipe cleaning. All disturbed areas will be restored with similar materials. A natural buffer within 15 feet of a normal water level will be preserved. If the homeowners association desires a more regular maintenance of the ground cover or that it be irrigated, the homeowners association shall prepare a maintenance plan and submitted it to the Cottage Grove Public Works for reyiew and approval. The homeowners association is responsible for mowing the grass area be- tween the south boundary line of Blocks 1 and 2 and the shoulder along 70th Street. Mowing this area shall be consistent with the mowing and maintenance of the turF and landscaping improvements within the buffer easement located in the rear lots of Blocks 1 and 2. The homeowners association or the property owner on Lot 13, Block 3 of Cayden Glen must maintain the turF grass on that portion of Outlot A from the curb of 68th Street South to the easterly extension of the rear lot line of Lot 13, Block 3. Maintenance of this area is primarily the mowing of the turf that is generally the same turF inaintenance schedule that occurs on Lot 13, Block 3. • The homeowners association or homeowner that has a sidewalk in front or on the side of their property is responsible for maintaining the sidewalks. Such maintenance includes, but is not limited to, sweeping and promptly re- moving ice and snow or other obstruction to ensure the safe passage of pedestrians. Resolution No. 2013-XXX Page 6 of 7 • Permanent or temporary access directly to 70th Street from any lot abutting 70th Street is prohibited. 19. Condition No. 30 in Resolution No. 2013-039 shall be amended to read as follows: Fences, play equipment, swing sets, sand boxes, firewood, kennels, and/or any other materials or obstacles are prohibited from being placed on Outlot A, C, and the buffer easement along the rear lot line of Lots 1 through 10, Block 1 and Lots 1 through 5, Block 2. 20. Condition No. 41 in Resolution No. 2013-039 shall be amended to correctly refer- ence that the temporary turn-arounds will be constructed at the west end of 67th Street South, east end of 67th Street South, and at the east end of 69th Street South. The rest of the wording in Condition No. 41 in Resolution No. 2013-039 remains unchanged. 21. Condition No. 46 in Resolution No. 2013-039 shall be amended by not requiring the developer to install the street name plates and posts. The costs for the street name plates, posts, labor costs, and materials will still be paid by the Developer, but the City will install these street name plates and posts. 22. Condition No. 51 in Resolution No. 2013-039 shall be amended by clarifying that the developer is not responsible for street maintenance, boulevard sod, and street sweeping once the City accepts a particular construction phase. Once a homeowner occupies a house, the homeowner is responsible for the maintenance and upkeep of the boulevard area that abuts their property. 23. Condition No. 54 in Resolution No. 2013-039 shall be amended to clarify that the owner of land within the Cayden Glen subdivision is responsible for maintaining grass and weeds on their property so as not be exceed eight inches in height. Failure to control grass and weeds will be a violation of City ordinances and the City may, at its option, perform the work and the property owner shall promptly reimburse the City for any expense incurred by the City. 24. Condition No. 59 in Resolution No. 2013-039 shall be amended by including a requirement that for any lot with a public sidewalk along its front property line, the builder of that lot must post a$750 cash escrow with the City at the time a building permit is to be issued for that lot. If there is a sidewalk along the front and side property, then the builder of that lot must post a$1,500 cash escrow. The builder must repair the damaged sidewalk before a Certificate of Occupancy is issued for that particular parcel. If the sidewalk is accepted at the time the Certificate of Occupancy is issued, then the cash escrow will be returned to the builder. 25. Condition No. 63 in Resolution No. 2013-039 shall be amended to clarify that the developer is responsible for informing each builder that the builder is responsible for completing the final grade on all lots and ensuring all boulevards and yards have a minimum of four inches of organic topsoil or black dirt on them. Placement of organic topsoil or black dirt, sod, and shrubs must not be transferred to homeowners. Resolution No. 2013-XXX Page 7 of 7 26. All areas disturbed by the excavation and back-filling operations shall be fertilized, mulched, and disc anchored as necessary for seed retention. Time is of the essence in controlling erosion. If the developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate to control erosion immediately. The City will notify the developer in advance of any proposed action, but failure of the City to do so will not affect the developer's and the City's rights or obligations. If the developer does not reimburse the City for any costs of the City incurred for such work within thirty (30) days, the City may draw down the letter of credit to pay such costs. 27. Condition No. 75 in Resolution No. 2013-039 shall be deleted. The payment of the City's development fees and charges did change based on quantity adjustments and credits to the actual costs for oversizing certain public utilities. These fees and charges are accurately listed in the development agreement. 28. Condition No. 78 in Resolution No. 2013-039 shall be amended for purposes of not requiring the developer to provide an irrevocable letter of credit for on-site improve- ments, but allow for a third party agreement for all the public improvements. A financial guarantee for mailboxes is not required. 29. Condition No. 86 in Resolution No. 2013-039 shall be amended so as not to require an underground irrigation system for all turF areas, but require underground irrigation for the turF and landscaped areas within the buffer easement area. 30. The Developer must install boundary markers along the north edge of the buffer easements located along the rear property line of Lots 1 through 10, Block 1 and Lots 1 through 5, Block 2 of Cayden Glen to delineate the northerly boundary of the buffer easement that the Cayden Glen Homeowners Association will maintain. Passed this 18th day of December, 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk RESOLUTION NO. 2013-XXX RESOLUTION APPROVING THE FEASIBI�ITY REPORT AND CONSTRUCTION PLANS AND SPECIFICATIONS FOR CAYDEN GLEN WHEREAS, Newland Real Estate Group, LLC has filed a final plat application with the City of Cottage Grove to develop a detached single-family residential subdivision named Cayden Glen. This project consists of 92 lots for single-family homes and six outlots for public park space, stormwater detention basin, and landscape islands. This subdivision is located on property legally described as: The Southeast Quarter of the Southwest Quarter of Section 3, Township 27, Range 21, Washington County, Minnesota, except the East 459.25 feet thereof, and also except the South 320 feet of the West 121 feet thereof. And The East 459.25 feet of the Southeast Quarter of the Southwest Quarter of Section 3, Township 27, Range 21, Washington County, Minnesota, containing 14 acres including road right of way. Subject to a public road easement for 70th Street South and all other easements, if any. And That part of the Southwest Quarter of the Southwest Quarter of Section 3, Township 27, Range 21, Washington County, Minnesota described as follows: Beginning at the Northeast corner of the South 639.67 feet of said Southwest Quarter of the Southwest Quarter; thence North 89 degrees 12 minutes 59 seconds West, assumed bearing, along the North line of said South 639.67 feet, a distance of 15.41 feet; thence South 01 degrees 26 minutes 59 seconds West, a distance of 319.69 feet to the North line of the East 30.00 feet of the south 320.00 feet of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 12 minutes 59 seconds East, along the North line of said East 30.00 feet of the South 320.00 feet, a distance of 17.00 feet to the East line of said Southwest Quarter of the Southwest Quarter; thence North 01 degrees 09 minutes 55 seconds East, along said East line of the Southwest Quarter of the Southwest Quarter, a distance of 319.69 feet to the point of beginning. � i •_I That part of the Southwest Quarter of the Southwest Quarter of Section 3, Township 27, Range 21, Washington County, Minnesota described as follows: Beginning at the Northeast corner of the South 639.67 feet of said Southwest Quarter of the Southwest Quarter; thence North 89 degrees 12 minutes 59 seconds West, assumed bearing, along the North line of said South 639.67 feet, a distance of 15.41 feet; thence North 01 degrees 26 minutes 59 seconds East, a distance of 687.87 feet to the North line of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 14 minutes 09 seconds East along the said North line of the Southwest Quarter of the Southwest Quarter; a distance of 12.00 feet to the Northeast corner of said Southwest Quarter of Resolution No. 2013-XXX Page 2 of 2 the Southwest Quarter; thence South 01 degrees 09 minutes 55 seconds West, along said East line of the Southwest Quarter of the Southwest Quarter, a distance of 687.84 feet to the point of beginning. WHEREAS, the City's consulting engineer Stantac Consulting prepared a feasibility report for the subdivision dated November 7, 2013 and the project was found to be feasible; and WHEREAS, the Developer will utilize the approved plans and specifications dated November 11, 2013 as prepared by Stantac Consulting for purposes of constructing the public improvements within the subdivision; and WHEREAS, the approved plans and specifications dated November 11, 2013 are in conformance with the information included within the Feasibility Report dated November 7, 2013; and WHEREAS, the Developer will install the public improvements within the subdivision in accordance with current City ordinances and policies; and WHEREAS, a development agreement and financial sureties are required for the development of this project. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Cottage Grove, Washington County, Minnesota, hereby approves the Cayden Glen Feasibility Report dated November 7, 2013, and the construction plans and specifications prepared by Stantec Consulting dated November 11, 2013, subject to the following conditions: 1. The developer and builders must comply with all City ordinances and policies. 2. Modifications to final construction plans and specifications shall be permitted in writing by the City Engineer. Passed this 18th day of December, 2013. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk Cottage — / Grove f � �Lh QrosPerity Meet ere and � � Prtde � Feasibility Report Newland Property — Cayden Glen Street and Utility Improvements Cottage Grove, Minnesota November 7, 2013 Project No. 193802268 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. ��+✓� . ..��I..a....�� ' David R. Sanocki, P.E. Reg. No. 40973 November 7, 2013 CITY OF COTTAGE GROVE TABLE OF CONTENTS TABLE OF CONTENTS ........................................................................................................... 1 PROJECT SUMMARY ............................................................................................................. 2 INTRODUCTION............................................................................................................... 2 PROJECTSCOPE ............................................................................................................... 2 Required Improvements ................................................................................................. 2 RequiredEasements ...................................................................................................... 4 RequiredPermits ........................................................................................................... 4 Construction Coordination .............................................................................................. 4 PROJECTCOSTS ............................................................................................................... 5 Estimated Construction Costs ......................................................................................... 5 AreaCharges ................................................................................................................ 7 CityFees ...................................................................................................................... 7 BuilderEscrow .............................................................................................................. 7 Developer Cost Summary ............................................................................................... 8 FINANCING...................................................................................................................... 8 RECOMMENDATIONS TO COUNCIL .................................................................................... 9 PROJECT SCHEDULE ............................................................................................................ 9 =" � � - Preliminary Cost Estimate Cost Sharing / Credit Calculations FIGURES Figure 2 Utility & Site Layout Map Figure 2A Sanitary Sewer Connection through DR Horton Property Figure 3 Sidewalk/Trail Map New/and Property - Cayc%n Glen Street and Utility Improvements 1 CITY OF COTTAGE GROVE PROJECT SUMMARY INTRODUCTION This report addresses the proposed utility and street improvements for the addition of 92 single-family lots proposed as part of the Newland Property - Cayden Glen. Each of the lots will receive city sanitary, water, and street improvements. This report was prepared in response to a plat submitted by Newland Communities for Cayden Glen, located immediately north of 70th Street /CSAH 22 and east of Jamaica Avenue. PRO]ECT SCOPE This project consists of utility and street improvements in the general location shown in Figure 1: cart�rb. 0 � 1 ''// ��V � ) � f a;w:,ts H�.Ililau 1 •. )iti SI S ��°'� N > 4 � Z 601h 5�S i �' 1 ' / /��/�Pll�f T1� $ o . N cona c 6 �.td,' F � :� �ifUVC 0 f��_�t? n,��.R,� � ,,��;: � D � O � � _ z PRO]ECT `''"' s � 5 /LOCATION / Cayden Glen lmprovements �� ❑ v: i lUdi 5t S n� c � � F;tn� . F':.�I 4 i z h X + y � 0 E Figure 1— General Project Location u, �r . Q an��, s� s i Newland P�operty - Cayden Glen Street and Utility Improvements 2 REQUIREDIMPROVEMENTS This project includes the construction of public sanitary sewer, water main, storm sewer, and public streets to service the proposed development. The proposed utility layouts are shown on the figures at the back of this report. Sanitary sewer, water main, storm sewer, and street improvements are proposed for all lots in the Cayden Glen development. The Cayden Glen development also features a 1.74 acre park that will be dedicated for public use and equipped with trails and recreational facilities. SANITARY SEWER The sanitary sewer for this development will be served from the existing trunk sanitary sewer line located along Military Road and ultimately routed through the proposed DR Horton development located northeast of this site. The sanitary sewer connection at the intersection of Military and Joliet Avenue was completed in July, 2013 as part of the DR Horton Project. Newland will be responsible for their portion of these costs as outlined in the appendix of this report. The future extensions, alignments and sewer main depths are being coordinated with the developers of each property. The sanitary sewer costs belonging to the DR Horton property will initialiy be paid by the City and collected at the time that the DR Horton property is developed. Figure 2a shows the sanitary sewer extension through the DR Horton property. The sanitary sewer lines within the Newland Property will be eight inches in diameter and will be extended to the north, east, and west edges of the plat to help serve future development. The sanitary sewer main that is installed between lots 2 and 3, block 7 in the Cayden Glen development, and between lots 21 and 22, block 7 in the DR Horton development, shall be installed within a casing pipe. The casing pipe will allow for future maintenance and/or replacement with little disruption to the adjacent home owners. WATER MAIN Ductile iron water main will be installed throughout the development and will range from eight inches to 18-inches in diameter. The proposed water main will connect to the existing 18-inch line at 70 Street/CSAH 22 on the south end of the project and will connect to the proposed water main extending from the DR Horton Development providing a future looped system. The Developer will be credited for the oversizing of the water main in certain areas of the development. Water main pipe 10-inches and larger will be credited against the overall project costs proportionally. Water services will be provided for the park property and for the island and berm landscaping features to allow for irrigation. STORM SEWER This project will include the installation of public storm sewer for the development, and will include the construction of a new sedimentation pond on the east side of the property to collect and treat runoff from the site. Treated storm water will then be directed to the South Washington Watershed District property located east of the development. In order to complete the sanitary sewer connection at Military Road, an earth berm will be needed along the sanitary sewer alignment crossing the adjacent watershed property. As a result of the berm, the installation of three box culverts will be needed to maintain adequate drainage within the Watershed property. Installation of the berm and utilities will be included with the Cayden Glen improvements, but the costs related to the berm and box culvert installation will be credited back to the developer by the City. New/and Proper[y - Cayden Glen Street and Uti/ity Improvements STREETS AND SIDEWALK�PATHWAYS The access to the site will be from the intersection of Jensen Avenue and 70 Street/CSAH 22. Future connections to the north, east, and west are anticipated. Temporary cul-de-sacs will need to be constructed at the east and west sides of the development (as shown on Figure 3). Costs have been included in this report for the future removal of the temporary cul-de-sacs, and in the case of the northwest cul-de-sac, the installation of new street, curb & gutter, sidewalk, and restoration. This report proposes to install permanent curb and gutter and place the first lift of bituminous for all streets. A bituminous wedge will be placed to protect the curb and gutter until the final lift of bituminous is placed. The cost for the final lift of bituminous has been included in this report. It is estimated that the final lift of bituminous would be installed approximately three years after the bituminous base lift has been placed or when at least 90% of the homes are constructed. If desired, the City will review and consider the final wear course paving along certain roadway segments in advance of the others depending on the location of the segment and the number of homes constructed. Common Excavation for the streets was not included in this report because it is assumed that the Developer's grading contractor will be completing this task. If this work is not done prior to the street and utility work, there would be additional costs added for the common excavation of the street areas. Concrete driveway aprons will be constructed for each lot, and five foot wide concrete sidewalk will be extended throughout the development. An eight foot pedestrian trail will be constructed within the park and along the north side of the 70 Street/CSAH 22 right of way. Figure 3 shows the proposed sidewalk and trail locations. The City will be providing a credit to the Developer for the portion of the trail constructed within the County right-of-way by the Cayden Glen contractor. A landscaped privacy berm, and entrance island are also being proposed. Maintenance of these landscaped areas will be the responsibility of the homeowners association. REQUIRED EASEMENTS All public utilities will be located under the public street right-of-way and within dedicated utility easements. REQUIRED PERMITS This project requires the following permits: ■ MPCA General Storm Water Permit (NPDES Permit) ■ MPCA Sanitary Sewer extension Permit ■ Washington County Right of Way and Access Permits ■ MN Department of Health Water Main Permit CONSTRUCTION COORDINATION Sanitary improvements proposed within the DR Horton development will require the Newland contactors to stay in regular contact with DR Horton contractors in order to coordinate work schedules, site access, testing, etc. New/and P�operty - Cayden G/en Street and Utility Improvements PROJECT COSTS ESTIMATED CONSTRUCTION COSTS A detailed cost estimates has been prepared for the construction of the utilities and streets to serve this development (See Appendix). All costs are based on 2013 construction pricing. Indirect costs for administration, legal, engineering, and contingencies associated with the project have not been included in this report. No costs have been included for capitalized interest. Table Y.1— Estimated Construction Costs for the Cayden Glen Improvements Estimated 2014 Site im rovement Construction Cost Per Lot General $66 580 724 Sanita Sewer 440 315 4 786 Water Main 533 462 5 799 Services � $168 580 1 832 Storm Sewer 487 200 5 296 Street Im rovements 554 543 6 028 Bituminous Trail 31 331 341 Sidewalks 123 435 1 342 Li htin 99 760 1 084 Landsca in /Irri ation 80 150 871 Subtotal 2 585 356 $28 102 Newland's Sanitary Cost Share Joliet: Milita to 66 St. � 33 897 DR Horton's Share of the Sanitary Sewer Im rovements � 49 265 Ci 's Share of the Storm Sewer Im rovements 80 800 DR Horton's Share of the Water Main Im rovements � 4 500 Water Main Credit for oversizing $96 889 Trail Construction Credit 16 490 Subtotal 214 047 Total Estimated 2014 Construction Costs $2 371 309 25 775 2014 Im rovement Escrow 125% 2 964 136 Final Streets Escrow 125% $233 177 Park Im rovement Escrow 100% 188 468 Total Escrow� 3 385 781 � Utility services have been included to provide sewer and water to the adjacent homestead west of Cayden Glen (9278 70 Street). Water services have also been included for the development association and park area irrigation. � In July, 2013 DR Horton installed the sanitary sewer in Joliet Avenue South from Military Road to 66 Street South. The total cost for this work was $98,101.77. Newland is responsible for $33,896.77, DR Horton $49,205.00 and the City $15,000.00 (see appendix of this report). DR Horton will be compensated $48,896.77 (Newland $33,896.77 + City $15,000) in future phases of the DR Horton development. Newland Properfy - Cayden Glen Street and Uti/ity Improvements S � Newland will be installing the sanitary sewer west of Joliet Avenue South and within the DR Horton development. The estimated cost for this work is $134,544.00. Newland is responsible for $85,279.39 and DR Horton $49,264.61 (see appendix of this report). Newland will be credited $49,264.61 for DR Horton's portion of this work. The City will collect $49,264.61 in future phases of the DR Horton development. � Newland will be installing the water main loop between the Newland and DR Horton developments. The estimated cost for this work is $9,000.00. Newland is responsible for $4,500.00 and DR Horton $4,500.00 (see appendix of this report). Newland will be credited $4,500.00 for DR Horton's portion of this work. The City will collect $4,500.00 in future phases of the DR Horton development. � The developer will be required to provide an escrow to the City for the proposed improvements in Cayden Glen totaling $3,385,781. This amount is 125% of the total estimated construction cost for the proposed 2014 improvements ($2,964,136), 125% of the total estimated construction cost for the final streets ($233,177) and 100% of the total estimated construction cost for the park improvements ($188,468). The developer also will have to submit a separate site grading and erosion control escrow, in the amount of $147,610, prior to commencement of site grading operations. New/and Property - Cayden Glen Street and Utilify Improvements AREA CHARGES The total area of Cayden Glen is 39.48 acres. Of that total area, 2.51 Acres is dedicated right of way for Washington County State Aid Highway 22, and 1.67 Acres is provided for ponding. The net acreage that will be used to calculate the Sanitary, Water, and Storm area charges is 35.30 acres and will be split among the proposed 92 residential lots. CITY FEES The below referenced fees also apply to this project and are listed in the 2013 City Fee schedule: Table 1.3 — City Fees, Cayden Glen - Single Family Fee Total PerLot Ci Su lied Pole & Luminaires 99 200 1 078 Seal Coatin : Streets 17 026 185 Seal Coatin : Bituminous Trails 4 031 43 Street Li ht Utili and Surchar e $5 409 $58 Park and 0 en S ace Markers 1610 17 Park Dedication Fee 188 468 2 048 East Ravine AUAR Char e 4 579 49 Ma'or Road Char e* 304 109 3 305 CSAH 22 Turn Lane Im rovements ** 124 563 1 353 Total Fees $748 995 8 141 * The Major Road fee is calculated by deducting the County Road 70 Right-of-Way and the ponding area below the anticipated high water level (HWL) from the total project area (39.48 Ac - 2.51 Ac County Road 70 Right-of Way - 1.67 Ac for ponding = 35.3 Ac Net Buildable Area. Based on the City's fee schedule the net buildable area is multiplied by $8,615/Ac. ** The Turn Lane Improvement costs shown include both design (Cayden Glen portion is $8,640.71) and construction costs (Cayden Glens portion includes $109,043.63 for construction and $6,879.62 for construction management/admin). The amounts shown are based on actual bid prices for the project. BUILDER ESCROW The below referenced escrows will be collected for each lot at the time the building permit is issued: Table 1. 4— Builder Escrow, Cayden Glen - Single Family Builder Escrow Per Lot Yard & Boulevard Sod 3 800 Drivewa A ron 630 Curb Sto Ins ection 300 Pro e As-built Surve & Corner Pin Placement 1000 Tota) Escrow Added to Buildin Permit 5 730 Newland Property - Cayden Glen Street and Utility Improvements 7 Table 1.2 - Area Charges, Cayden G/en - Single Family DEVELOPER COST SUMMARY The following table summarizes the developer's costs for this project. These costs are the developer's costs only for the Cayden Glen Improvements. Table 1.5 - Deve%per's Cost Summary, Cayden Glen- Single Family Site Im rovements Total Per Lot General $66,580 $724 Sanita Sewer 440 315 $4 786 Water Main $533 462 $5 799 Services 168 580 $1 832 Storm Sewer $487 200 5 296 Street Im rovements $554 543 $6 028 Bituminous Trail $31 331 $341 Sidewalks $123 435 $1 342 Li htin $99 760 1 084 Landsca in /Irri ation 80 150 871 Subtotal $2 585 356 Credits for Utili & Trail Installation $214 047 2014 Estimated Construction Cost $2,371,309 $25,775 Area Char es Sanita Area Char e 238 733 2 594 Water Area Char e 103 146 1 121 Storm Area Char e— sin le fami) 139 011 1 510 Total Area Char es 480 891 5 227 Ci Fees Ci Su lied Pole & Luminaires 99 200 1078 Seal Coatin : Streets 17 026 185 Seal Coatin : Bituminous Trails 4 031 43 Street Li ht Utili and Surchar e 5 409 58 Park and O en S ace Markers 1 610 17 Park Dedication Fee 188 468 2 048 East Ravine AUAR Char e 4 579 49 Ma'or Road Char e 304 109 3 305 CSAH 22 Turn Lane Im rovements 124 563 1 353 Total Fees 748 995 $8 141 Total Costs $ 3,601,195 $39,143 i_►_► �_i r The developer will finance the costs for all public improvements for the proposed Cayden Glen development including all applicable Area Charges and other City fees described in this report. New/and Property - Cayden Glen Street and Uti/ity Improvements 8 RECOMMENDATIONS TO COUNCIL It is the finding of this report that the proposed improvements are necessary and cost effective. The following recommendations are made: ■ Adopt this report as the guide for development of the proposed improvements. ■ The Developer installs the public improvements with construction being substantially completed by November 15, 2014. ■ The Developer install the final lift of bituminous for the streets after three years or after 90% of the homes in the development have been constructed. REQUEST POR COUNCIL ACTIDN ■ Order the preparation of Plans and Specifications for this project. PROJECT SCHEDULE The following project schedule assumes that the project would begin in the spring of 2014. Development Agreement to Council Site Grading Begins Utility Construction Begins Street & Utilities to Model Home Substantial Completion December 4, 2013 May 13, 2014 June 24, 2014 September 27, 2014 November 15, 2014 New/and Property - Cayden Glen Street and Utility Improvements g APPENDIX Preliminary Cost Estimate for Cayden Glen Item # Item Unit Quantity Est. Unit Cost Est. Total Cost PART 1 - GENERAL 1 MOBILIZA7ION LS 1 $3,000.00 $3,000.00 2 TRAFFIC CONTROL LS 1 $2,000.00 $2,000.00 3 STREET SWEEPER WITH PICK UP BROOM HR 10 $125.00 $1,250.00 4 TEMPORARY HYDROMULCH AC 4 $2,000.00 $8,000.00 5 SEED MIX 250 AND HYDRO MULCH AC 4 $2,500.00 $10,000.00 6 TOPSOIL BORROW (LV) CY 1410 $15.00 $21,150.00 7 SOD SY 4160 $4.00 $16,640.00 8 BIOROLL LF 2270 $2.00 $4,540.00 Total Part 1- General $66,580.00 PART 2 - SANITARY SEWER 9 8" PVC SANITARY SEWER PIPE, SDR 35, 0-10' DEEP LF 264 $25.00 $6,600.00 10 8" PVC SANITARY SEWER PIPE, SDR 35, 10-15' DEEP LF 3850 $30.00 $115,500.00 11 8" PVC SANITARY SEWER PIPE, SDR 35, 15-20' DEEP LF 1751 $35.00 $61,285.00 12 8" PVC SANITARY SEWER PIPE, SDR 26, 20-25' DEEP LF 944 $40.00 $37,760.00 13 8" PVC SANITARY SEWER PIPE, SDR 26, 25-30' DEEP LF 201 $45.00 $9,045.00 14 4' DIA SANITARY MH, INCL. R-1642-B CSTG & HDPE ADJ. RINGS LF 40 $2,700.00 $108,000.00 15 4' DIA SANITARY MANHOLE OVERDEPTH LF 231 $150.00 $34,650.00 16 CONNECTTO EXISTING SANITARY MANHOLE EA 1 $2,000.00 $2,000.00 17 8" OUTSIDE DROP CONNECfION EA 3 $1,500.00 $4,500.00 18 8" DROP CONNECTION OVERDEPTH LF 26 $150.00 $3,900.00 19 TELEVISE SANrfARY SEWER LF 7010 $1.50 $10,515.00 20 ADJUST FRAME & RING CASTING EA 1 $350.00 $350.00 21 8"X4" PVC WYE, SDR 26 EA 118 $150.00 $17,700.00 22 18" PVC DRl8 SANITARY SEWER CASING PIPE LF 215 $100.00 $21,500.00 23 IMPROVED PIPE FOUNDATION LF 7010 $1.00 $7,010.00 Total Part 2- Sanitary Sewer $440,315.00 PART 3 - WATER MAIN 24 6" DIP WATER MAIN, CL. 52, INC�. POLY WRAP LF 320 $35.00 $11,200.00 25 8" DIP WATER MAIN, CL. 52, INCL. POLY WRAP LF 2789 $45.00 $125,505.00 26 12" DIP WATER MAIN, CL. 50, INCL. POLY WRAP LF 2345 $60.00 $140,700.00 27 18" DIP WATER MAIN, CL. 50, INCL. POLY WRAP LF 1073 $80.00 $85,840.00 28 6" GATE VALVE AND BOX EA 17 $1,300.00 $22,100.00 29 8" GATE VALVE AND BOX EA 8 $1,800.00 $14,400.00 30 12" BUTfERFLY VALVE AND BOX EA 6 $2,000.00 $12,000.00 31 18" BUiTERFLY VALVE AND BOX EA 4 $4,500.00 $18,000.00 32 HYDRANT EA 17 $3,500.00 $59,500.00 33 DUCTILE IRON FrfTINGS LB 6420 $4.50 $28,890.00 34 CONNECTTO EXISTING WATER MAIN EA 2 $1,000.00 $2,000.00 35 CONCREfE HYDRANT ACCESS PAD EA 17 $400.00 $6,800.00 36 IMPROVED PIPE FOUNDATION LF 6527 $1.00 $6,527.00 Total Part 3- Water Main $533,462.00 PART 4 - SERVICES 37 4" PVC, SCH. 40, SANITARY SERVICE PIPE : LF 4310 $12.00 $51,720.00 38 4" PVC, SCH. 40, SANIT,4RY RISER PIPE LF 130 $15.00 $1,950.00 39 1" CORPORATION STOP EA 93 $125.00 $11 625.00 , 40 1" CURB STOP & BOX EA 93 $175.00 $16 275.00 41 1" 7YPE "K" COPPER WATER SERVICE LF 4350 $18.00 $78 300.00 42 4" DIP WATERMAIN, CL. 52, INCL. POLY WRAP LF 105 $20.00 $2,100.00 43 6" DIP WATER MAIN, CL. 52, INCL. POLY WRAP LF 50 $35.00 $1,750.00 44 8" DIP WATER MAIN, CL. 52, INCL. POLY WRAP LF 50 $45.00 $2,250.00 45 DUCTILE IRON FITRNGS LB 580 $4.50 $2,610.00 Total Part 4 - Services $168,580.00 Page 1 of 4 Item # Item Unit Quantity Est. Unit Cost Est. Total Cost PART 5 - STORM SEWER 46 15" RCP STORM SEWER, CLASS 5 LF 2176 $30.00 $65,280.00 47 18" RCP STORM SEWER, CLASS 5 LF 1804 $33.00 $59,532.00 48 24" RCP STORM SEWER, CLASS 3 LF 1737 $38.00 $66,006.00 49 30" RCP STORM SEWER, CLASS 3 LF 603 $45.00 $27,135.00 50 48" BOX CULVERT LF 198 $290.00 $47,520.00 51 BOX CULVERT END SECTIONS EA 6 $3,000.00 $18,000.00 52 15" RCP FLARED END SECTION, INCL. TRASH GUARD EA 8 $1,500.00 $12,000.00 53 18" RCP FLARED END SECTION, INCL. TRASH GUARD EA 2 $2,000.00 $4,000.00 54 24" RCP FLARED END SECTION, INCL. TRASH GUARD EA 3 $2,500.00 $7,500.00 55 30" RCP FLARED END SECTION, INCL. TRASH GUARD EA 1 $3,000.00 $3,000.00 56 CLASS III RANDOM RIPRAP W/FABRIC CY 300 $100.00 $30,000.00 57 2'x3' CB, INCL. R-3290-V CSTG. AND HDPE ADJ. RINGS EA 17 $1,500.00 $25,500.00 58 4' DIA STORM SEWER CBMH, INCL. R-3290-V AND HDPE ADJ. RINGS EA 33 $2,000.00 $66,000.00 59 4' DIA STORM SEWER CBMH, W/SUMP, INCL. R-3290-V AND HDPE ADJ. EA 2 $2,500.00 $5,000.00 RINGS 60 4' DIA STORM SEWER CBMH, INCL. R-1642-B AND HDPE ADJ. RINGS EA 10 $2,000.00 $20,000.00 61 POND OUTLET STRUCTURE EA 1 $3,000.00 $3,000.00 62 COMMON EXCAVATION (P) CY 155 $8.00 $1,240.00 63 A�GREGATE BACKFIL� CY 620 $12.00 $7 440.00 64 INSULATION (4" THICK) SF 200 $5.00 $1,000.00 65 IMPROVED PIPE FOUNDATION LF 5717 $1.00 $5,717.00 66 PROTECTION OF CATCH BASIN IN STREET EA 52 $200.00 $10,400.00 67 STORM DRAIN INLET PROTECfION EA 7 $150.00 $1,050.00 68 SILTFENCE, MACHINE SLICED LF 110 $3.00 $330.00 69 SEEDING (MNDOT 250 MIX) AC 0.1 $2,000.00 $200.00 70 EROSION CONTROL BLANKET CATEGORY 3 SY 100 $3.50 $350.00 Total Part 5- Storm Sewer $487,200.00 PART 6 - STREETS 71 SUBGRADE EXCAVTION (EV) CY 1090 $8.00 $8,720.00 72 SUBGRADE PREPARA7ION - STREET SY 20420 $1.00 $20,420.00 73 4" PVC, SCH. 40, 3 CONDUIT PRIVATE UTILITY CROSSING LF 280 $9.00 $2,520.00 74 AGGREGATE BACKFILL CY 10600 $8.00 $84,800.00 75 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 7870 $14.00 $110,180.00 76 TYPE SP 12.5 NON-WEARING COURSE MIX7l1RE (2,6) TN 2330 $60.00 $139,800.00 77 BITUMINOUS WEDGE LF 11886 $3.00 $35,658.00 78 6618 CONCRETE CURB AND GUTfER LF 11890 $12.00 $142,680.00 79 SIGN PANELS TYPE C SF 25 $45.00 $1 125.00 80 CONNEGT DRAIN TILE TO STRUCTIJRE EA 24 $200.00 $4,800.00 81 4" PERFORATED PVC DRAIN TILE, SDR 26 LF 480 $8.00 $3,840.00 Total Part 6 - Streets $554,543.00 PART 7 - BITUMINOUS TRAILS 82 COMMON EXCAVA7ION (P) - TRAIL CY 434 $14.00 $6,076.00 83 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 459 $16.00 $7,344.00 84 TYPE SP 9.5 WEARING COURSE MIXTURE (2,6) TN 255 $65.00 $16,575.00 85 CONCREi�E PEDESTRAIN CURB RAMP SF 64 $4.00 $256.00 86 TRUNCATED DOME SURFACE SF 12 $45.00 $540.00 87 SIGN PANELS TYPE C SF 12 $45.00 $540.00 Total Part 7- Bituminous Trails $31,331.00 PART 8- SIDEWALKS 88 COMMON EXCAVATION (P) - SIDEWALK CY 700 $14.00 $9,800.00 89 AGGREGATE BASE, CLASS 5, 100% CRUSHED TN 469 $16.00 $7,504.00 90 6" CONCRETE SIDEWALK SF 23900 $4.00 $95,600.00 91 CONCRETE PEDESTRAIN CURB RAMP SF 1024 $4.00 $4,096.00 92 TRUNCATED DOME SURFACE SF 128 $45.00 $5,760.00 93 SIGN PANELS 7YPE C SF 15 $45.00 $675.00 Total Part 8 - Sidewaiks $123,435.00 Page 2 of 4 Item # Item Unit Quantity Est. Unit Cost Est. Total Cost PART 9 - LIGHTING 94 ASSEMBLE AND INSTALL CITY SUPPLIED LUMINAIRE AND POLE, IYPE A-1 EA 32 $500.00 $16,000.00 95 CONCRET POLE BASE, lYPE A-1 EA 32 $1,000.00 $32,000.00 96 CONNECTTO FEEDPOINT EA 2 $1,500.00 $3,000.00 97 #6 AWG WIRE LF 11890 $1.50 $17,835.00 98 #10 AWG WIRE LF 5945 $1.00 $5,945.00 99 1.5" NON-MEi�ALLIC CONDUIT LF 5945 $4.00 $23,780.00 119 HANDHOLE EA 600 $2.00 $1,200.00 Total Part 9 - Lighting $99,760.00 PART 10 - LANDSCAPING/IRRIGATION 120 BOULEVARD TREES EA 110 $250.00 $Z7,500.00 121 BUFFER IRRIGATION (Along Cty Rd 70) LS 1 $17,000.00 $17,000.00 122 CUL-DE-SAC/ISLAND IRRIGAlION LS 1 $1,250.00 $1,250.00 123 BUFFER LANDSCAPING (Along Cty Rd 70) LS 1 $24,700.00 $24,700.00 124 CUL-DE-SAC/ISLAND LANDSCAP[ING LS 1 $9,700.00 $9,700.00 Totai Part 10 - Landscaping/irrigation $80,150.00 Total Part 1- Generai $66,580.00 Total Part 2- Sanitary Sewer $440,315.00 Total Part 3- Water Main $533,462.00 Total Part 4 - Services $168,580.00 Totai Part 5- Storm Sewer $487,200.00 Total Part 6 - Streets $554,543.00 Total Part 7- Bituminous Trails $31,331.00 Total Part 8 - Sidewalks $123,435.00 Total Part 9 - Lighting $99,760.00 Total Part 10- Landscaping/irrigation $80,150.00 Est. Total Construction Costs $2,585,356.00 Est. Indirect Project Costs (30%) $0.00 Sanitary Cost Share (Joliet - Military to 66th Street) $33,896.77 DR Horton Share - Sanitary Sewer Installation ($49,264.61) City Share - Storm Sewer Installation ($80,800.00) DR Horton Share - Water Main Installation ($4,500.00) Trail Reimbursement ($16,490.00) Water Main Oversizing Credit ($96 889.00) credit subtotal ($214,046.84) Est. Total Project Costs $2,371,309.16 2014 Est. Escrow (125%) $2,964,136.45 Fi nai Streets Escrow (125%) $233,176.56 Subtotal $3,197,313.01 Park Improvements $188,468.00 Totai Escrow $3,385,781.01 Page 3 of 4 Item # Item Unit Quantity Est. Unit Cost Est. Total Cost SITE GRADING/EROSION CONTROL S1TE GRADING RESTORATION: RE-SPREAD TOPSOIL (P) CY 9897 $2.00 $19,794.00 SITE GRADING RESTORATION: MnDOT 250 SEEDING & MULCHING AC 39 $650.00 $25,350.00 MISC. SITE GRADING LS 1 $15,000.00 $15,000.00 EROSION CONTROL - TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 $1,000.00 $1,000.00 EROSION CONTROL - SILTFENCE, MACHINE SLICED LF 5500 $3.00 $16,500.00 EOF SWALE SOD/BLANKEi� LF 12684 $0.75 $9,513.00 STREEf SWEEPER WITH PICK UP BROOM HR 10 $125.00 $1,250.00 POND MAINTENANCE & CLEANING LS 1 $10,000.00 $10,000.00 Total - Site Grading/Erosion Control $98,407.00 Escrow (150%) $147,610.50 FINAL STREETS i REMOVE AND MILL BITUMINOUS WEDGE 2 REMOVE & REPLACE CONCREI�E CURB & GUlTER (PRIOR TO WEAR COURSE PAVING) 3 REMOVE & REPLACE CONCREfE SIDEWALK (PRIOR TO WEAR COURSE SY 13165 $1.85 LF 1200 $20.00 SF 2400 $6.00 $24,355.25 $24,000.00 $14,400.00 PAVING) 4 7YPE SP 12.5 WEARING COURSE MIXTURE (2,B) TN 1610 $65.00 $104,650.00 5 BITUMINOUS MATERIAL FOR TACK COAT GAL 850 $3.00 $2,550.00 6 REMOVE BifUMINOUS PAVEMENT (ALL THREE) SY 2400 $3.00 $7,200.00 7 AGGREGATE BASE, CLASS 5, 100% CRUSHED (NW SAC) TN 16 $16.00 $256.00 8 B618 CONCRETE CURB AND GUTTER (NW SAC) LF 200 $12.00 $2,400.00 9 6" CONCREi�E SIDEWALK (NW SAC) SF 525 $4.00 $2,100.00 10 TYPE SP 12.5 NON-WEARING COURSE MIXTURE (2,B) (NW SAC) TN 36 $60.00 $2,160.00 11 TYPE SP 12.5 WEARING COURSE MIXTURE (2,8) (NW SAC) TN 26 $65.00 $1,690.00 12 SOD (NW SAC) SY 70 $4.00 $280.00 13 IRRIGATION SYSTEM ADJUSTMENTS (NW SAC) LS 1 $500.00 $500.00 Total - Final Streets: $186,541.25 Escrow (125%) $233,176.56 BUILDER RESPONSIBILITY 1 YARD & BOULEVARD SOD EA 1 $3,800.00 $3,800.00 2 DRIVEWAY APRONS EA 1 $630.00 $630.00 3 CURB STOP INSPECTIONS EA i $300.00 $300.00 4 PROPER7Y AS-BUILT SURVEYS & CORNER PIN PLACEMENT EA 1 $1,000.00 $1,000.00 Total - Builder Responsibility (per lot) $5,730.00 PARKIMPROVEMENTS 1 PARK IMPROVEMENTS LS 1 $188,468.00 $188,468.00 Total - Park Improvements $188,468.00 Page 4 of 4 Storm Sewer Credit ;� �� ' 20 -� �� ' � ij i �, ',; HYD. (TYP.) � 1 1 I �.� � 2i �� , � I ,, �, � -. �� ti —MH RE=910.4 6 If C7ullot ! 8 4 8 9 �� r �� Q� 7 8 : Ou!lot J ' . � ` � : ' ` � ,... - � __-_---- --- ` '"- �. � ------ - _ _ ' � � � , - � � � � -�`-_ 1 ' .—. °� City - Culv2rt Installation and ' _'- � associated pradinQlrestoration �� - _ . ��_ I � f�\ �, �\ ; Storm Sewer Description Common Excavation Select Granular Borrow (LV) 4'x4' Storm Box Culvert Storm Box Culvert End Section Insulation (2.5" Thick) Silt Fence, Heavy Duty Seeding (MnDOT 250 Mix) Erosion Control Blanket Categc .. . �, ., ,, .\ I �, ��• , � �� , �, ' �� , �, �, ' �� • �, �, i �� , ,, '.� Est. Unit Unit uantit Price Total Price CY 155.0 $10.00 $1,550.00 CY 620.0 $20.00 $12,400.00 LF 198.0 $240.00 $47,520.00 EA 6.0 $3,000.00 $18,000.00 SF 200.0 $3.00 $600.00 LF 110.0 $3.00 $330.00 ACRE 0.1 $1,000.00 $100.00 3 SY 100.0 $3.00 $300.00 Estimated Construction Costs $80,800.00 Newland Property - Cayden Glen Street and Utility Improvements Sanitary Sewer Costs \� �\� \ S =� \ \��\ �\ / \\�\\\ SEGMENT #1 - Sandary Sewer Install2tl in 2013 �SEGMENT#2 Propo52tl9:vii'�ry 1 �� ` er_er— _' _! - tx:sr<e ',it,�;•:.c_� F.��-nG2.2 IE \ � \\ \\ ; � } \ �\\\ `\ �� SEQNEM'#i - Cost for ]oliet Sanitary (Military Road to 66th Street) - Installed $ 98,101.77 SEQNEIVT #2 - Sanitary Sewer West of ]oliet - Remaining Installation Descri tion Unit Est. nt Unit Price Total Price 8" PVC Sanita Sewer 0'-10' Dee LF 248 $ 30.00 $ 7,440.00 8" PVC Sanita Sewer, 10'-15' Dee LF 95 $ 30.00 $ 2 850.00 8" PVC Sanita Sewer, 15'-ZO' Dee LF 204 35.00 $ 7 140.00 8" PVC Sanitar Sewer, 20'-25' Dee LF 944 $ 40.00 $ 37,760.00 8" PVC Sanitar Sewer, 25'-30' Dee LF 200 $ 50.00 $ 10,000.00 21" RCP Sanitar Sewer Casing Pi e LF 215 $ 100.00 $ 21,500.00 48" Diameter Sanitar Sewer Manhole EA 5 $ 2,700.00 $ 13,500.00 48" Diameter Sanitar Sewer Dro Manhole EA 2 $ 4,000.00 8,000.00 48" Diameter Structure Overde th LF 98.86 $ 150.00 14,829.00 8" x 4" PVC W e EA 26 $ 150.00 $ 3,900.00 4" PVC, Sch. 40 Sanita Sewer Riser Pi e LF 305 25.00 $ 7,625.00 Estimated Cost for Sanitary West of ]oliet Sanitary Through DR Horton Segment #1 Segment #2 Newland lots 93 93 DR Horton Lots 135 59 TotalUnits 228 152 Cost/Unit $ 364.48 $ 834.99 Total Newland Cost * $ 33,896.77 $ 85,279.39 $ 119,176.16 DR Horton Cost $ 49,205.00 $ 49,264.61 $ 98,469.61 City Cost** $ 15,000.00 - $ 15,000.00 $ 98,101.77 $ 134,544.00 $ 232,645.77 *$7,625 (risers west of Joliet) + proportioned sanitary costs ($77,654.39) _$85,279.39 ** Military Connection $ 134,544.00 Newland Property — Cayden Glen Street and Utility Improvements Water Main Credit '' � MH ' 4 � RE=970.4 6 ;'� �� D. (TYP.) pullof I 8.4 8 �� - '; ; 21 c,o �,�� 1, � � '� s � / � ��' � 8 ; �, 7 � : out�ot J '` \ '� � �� . '�_� ` .� % � g � �� -`' _ _-- ` — . . . —: ` �� -- ' � `�.j.. _ ..-___" , :� i / • ` Y___' - _ _ �__ �� ' ` ` I — . f �, . . � —_ �� _ _ —� �� . •�-:� i .1 POND 1 • � -- � _- �� ; : OUTLET=896.0 � - . % � ' HWL=899.9 1 � � ' � �. .— .� � ; � 1� � � ,ee_.m.e� e m e.�_v � ;� � �DR Horton - 50% of Water Main I �; � �e��r �� ' �Loopingcosts I �; �- - /_ /\ ` j� � �- -- � --- =-- -- ----' - � i 7' � � - T \ % �Newland 50% of Water h9ain 1 I �; � } � �Looping costs ----------- ' • ■• ■• , / V � � � � I � 1 ,1 � ` � � � � \ I� ' 1 I�L / . ' ` � 1, 1 �_ i �.� � ' , � � ��,�`, Water Main (Shared looping costs) Est. Descri tion Unit Quantit Unit Price Total Price 8" DIP Water Main, CL. 52, Incl. Poly Wrap LF 100 $45.00 $4,500.00 Estimated Construction Costs $4,500.00 New/and Property - Cayden Glen Street and Utility Improvements FIGURES November 2013 November2013 November 2013 DEVELOPMENT AGREEMENT CAYDEN GLEN ADDITION THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into on the 18th day of December, 2013 by and between NNP-Jamaica, LLC, a Delaware limited liability company refei�ed to as "Developer" and the City of Cottage Grove, a municipal corporation, situated in the County of Washington, State of Minnesota, hereinafter refet7ed to as the "City." RECITALS A. The Developer is cui7ently the real estate fee owner of the parcels of land described in Exhibit "A", which is to be developed as a subdivision in the City bearing the name "Cayden Glen" and may sometimes hereinafter be referred to as the "Subject Property". B. The subdivision plat name for this residential subdivision was originally "Ravine Meadows" and will now hereafter be refened to as "Cayden Glen". C. The Developer proposes to develop the Subject Property which is being platted into 92 lots for the construction of detached single-family homes situated in the City of Cottage Grove, County of Washington, State of Minnesota. D. City approved the preliminaiy plat (Resolution No. 2013-039) on Apri13, 2013 and final plat on December 18, 2013, a single-family development on 39.48 acres that is subdivided into 92 single- family lots and six outlots; contingent upon compliance with cet�tain City requirements including, but not limited to matters set forth herein. Approval of the final plat named Cayden Glen is the same residential subdivision formerly named as Ravine Meadows. E. City requires that certain public improvements, which are herein referred to as the "Public Improvements" including, but not limited to storm drainage systems, sanitaty sewer, water, grading, street lighting, trails, sidewall�, curb and gutters, and streets be installed to serve the Subject Propei and other properties affected by the development of the Subj ect Property, all at the expense of the Developer, all as set forth herein and in the Approved Plans dated November 1 l, 2013. F. Developer will perform other work and install certain improvements within the Subject Property, which work and improvements typically consist of drainage swales, erosion control, street cleaning and the likes thereof and which improvements to the Subject Property shall be refened to herein as "On-Site Improvements". Public Improvements and On-Site Improvements are collectively refened to as the "Improvements." G. Developer shall develop the Subject Property and install the Public Improvements in confoi�rnance with the plans and specifications prepared by the City dated November 11, 2013 and refei�red to as the "Approved Plans". The Approved Plans shall not be amended without the prior written approval by the Developer and City. -1- NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in consideration of each parry's promises and considerations herein set forth, as follows: 1. Request for Plat Approval. The City approved the final plat for Cayden Glen on December 18, 2013. This residential subdivision is located in the City of Cottage, Grove, County of Washington, State of Minnesota, and is legally described in E�ibit A. 2. Conditions of Approval. The City hereby approves the Final Plat and this Agreement on the conditions that: a. The Developer enters into this Agreement and abides by the conditions stipulated in the resolution approving the final plat and the tei�ns of this Agreement. All the lots within Cayden Glen are required to be part of a Homeowners Association. b. The Developer provides to the City upon execution of this Agreement: i. An iirevocable letter of credit or cash in the amount o£ LETTER OF CREDIT - GRADING Site grading restoration: Re-spread Topsoil $29,691.00 Site grading restoration: MnDOT 250 seeding $38,025.00 & mulching Erosion Control — Temporaiy rock $1,500.00 construction entrance Erosion Control — Silt fence, machine sliced $24,750.00 EOF Swale sod/blanlcet $14,269.50 Street sweeper with picic-up broom $1,875.00 Pond maintenance and cleaning $15,000.00 Site Grading $22,500.00 Buffer Inigation (Along CSAH 22) $25,500.00 Cul-de-sac/Island I��rigation $1,875.00 Buffer Landscaping (Along CSAH 22) $37,050.00 Cul-de-sac/Island Landscaping $14,550.00 TOTAL LETTER OF CREDIT OR CASH $226,585.50 The letter of credit must be issued by a banlc that is determined by the City to be solvent and creditworthy and in a form reasonably acceptable to the City. If the City determines at any point that the bank no longer satisfies the City's requirements, it can require the Developer to get a new letter of credit fiom a different bank. The City agrees to release the letter of credit upon substantial completion of all of the Public Improvements and satisfaction of all fees owed by the Developer or its predecessors in title to the City. Upon the Developer's request, the City may reduce amounts of the letter of credit to 125 percent of the remaining Public Improvements to be completed as certified by the City Engineer. Prior to releasing any portion of the letter of credit or accepting another letter of credit in replacement, the City shall first be satisfied regarding the quality and completeness of the consh�uction or work and that the Developer has taken such steps as may be necessaiy to ensure that no liens will attach to the Subject Property. -2- ii. Proof of public liability and property damage insurance covering personal injuiy, including death and claims for property damage which may be caused by reason of the operation of the Developer's equipment and laborers, or caused by Developer's completion of the Public Improvements. Limits for bodily injuty or death shall not be less than $1,000,000 for one person and a$2,000,000 for each occui�rence; limits for property damage shall not be less than $500,000 for each occurrence. The Developer must keep the insurance in force at all times that construction for the development is in progress and must provide that the insurer give the City ten days' v�nitten notice prior to cancellation or termination of the insurance policy; and iii. The Developer may pay the entire cost of area charges based on the acreage for sanitary sewer, water and stoi�rn water with the cash payment or the Developer has the option to have these area charges assessed over a three year period. Should the Developer choose the following area charges would. be paid to the City as special assessments levied against the benefitted land area in installments over three years with interest (4%). Sanitaty Sewer Area Charge 2012 Rate $238,733.90 Water Area Charge 2012 Rate $103,146.60 Stormwater Area Charge 2012 Rate $139,011.40 $480,891.90 If the special assessment payment option is used, interest will start accruing the date this document is executed by the City. The allocation of such assessments shall be as outlined in this agreement. Reference herein to special assessments shall be deemed to include and shall include all interest due thereon. The Developer hereby waives all rights it has by virtue of Minnesota Statutes Chapter 429.081 or otherwise to challenge the amount or validity of the assessments or the procedures used by the ciiy in levying the assessments, and hereby releases the City, its officers agents and employees from any and all liability related to or arising out of the levying of assessments. iv. Third Party Agreements, cash payment and letter of credit to the City totaling the amounts shown below: CASH PAYMENT CSAH 22 Tuln Lane $124,563.00 AUAR Fee 2013 Rate $4,579.68 Major Road Charge 2012 Rate (may be paid in two equal installments the first $304,109.00 installment is due upon execution of this Agreement, the second installment is due on or before December 31, 2014) Street Light Poles $44,800.00 Street Light Luminaires $54,400.00 Street Sealcoating $17,026.00 Trail Sealcoating $4,031.00 Boundaiy Marlcers $1,610.00 Street Light Utility Charge $5,409.60 12% of Public Improvements $313,501.29 Sub-total $874,029.57 -3- CREDITS City's share storm sewer (Box Culvert) $80,800.00 D.R. Horton's Share Sanitary Sewer (Segment #2) $49,265.00 Horton's Share Water Main (SWWD) $4,500.00 Trail Along 70th Street $16,490.00 Watei�rnain Oversizing $96,889.00 Sub-total $247,944.00 TOTAL CASH PAYMENT $626,085.57 TIIIRD PARTY AGREEMENT — PUBLIC IMPROVEMENTS Street paving $693,178.75 Sanitary sewer system $550,393.75 Water system $666,827.50 Water & Sanitary house services $210,725.00 Stoi�n sewer $609,000.00 St. lighting (base, conduit, wiring, etc.) $124,700.00 Sidewalks $154,293.75 General $83,225.00 Final Street (1) $0 TOTAL $3,092,343.70 THIRD PARTY AGREEMENT — PARI� IMPROVEMENTS Parlc Improvements $188,416.00 Trail Improvements (Outlot C) $31,331.00 TOTAL $219,747.00 (1) The cost to construct the final street is estimated to be $233,176.56. The City will allow a reduction to the $693,178.75 cost for street paving in the Third Party Agreement — Public Improvements, but will retain a minimum of $233,176.56 until all the final street improvements have been constructed and accepted by the City. Alternatively, the Developer can post a letter of credit for the value of the final street costs. If any funds held under this agreement exceed the amount necessary to reimburse the City for its costs under this paragraph, such funds shall be promptly returned to Developer without interest. If it appears that the actual costs incurred will exceed the estimate, Developer and City shall review the costs required to complete the project and the Developer shall deposit additional sums with the City. v. The Developer shall infoi�rn each builder that an escrow and fees must be deposited with the City for each lot. The escrow and fees must be deposited with the City at the time a building permit application is filed with the City. The putpose of the escrow and fees is to ensure certain On-Site Improvements (e.g. boulevard/yard sod, boulevard trees, curb stop inspection, right-of-way pei�rnit, property corner boundaiy mat•kers and as-built suivey and sidewalk repair, etc.) are completed before a cer�tificate of occupancy is issued by the City. The builder must plant a boulevard tree having a minimum tree trunk size of not be less than 2.5" caliper width only if the boulevard hee planted by the Developer has died. One boulevard tree is required per lot, except for corner lots which must have one boulevard tree on each street of the property. The City se Forester must be contacted for pulposes of staking the location of the boulevard tree to be planted and approve the tree species. For a lot where the Certificate of Occupancy is issued between August 1 and April 30, tree planting described in this paragraph must be completed by the builder by the 15th of June. For a lot where the Certificate of Occupancy is issued between May 1 and July 31, tree planting must be completed by the builder by the 15th day of September. The builder's cash escrow will be posted with the City's Finance Director in a non-interest bearing account. The minimum cash escrow and fee for each lot is shown below: Lots 1 thiu 9, Block 1 Lots 2 tluu 5, Block 2 Lots 1 thru 4, Block 3 Lots 6 thru 11, Block 3 Lot 13, Blocic 3 Fees: Right-of-way Permit $50.00 Lots 2 thru 8, Block 4 Curb Box Inspection $300.00 Lots 11 thru 17, Block 4 Lots 2 ttuu 9, Block 5 Escrow: Boulevard tree, boulevard/yard sod, driveway Lots 12 thru 19, Block 5 apron, and corner lot boundaiy marker and as-built survey. $ 6,592.00 Lots 1 thru 10, Block 6 Lots 12 thru 14, Block 6 Lots 2 thru 4, Block 7 Lots 1 and 2, Block 8 Lots 2 tlu�u 4, Block 9 Lot 10, Block 1 Lot l, Block 2 Fees: Right-of-way Permit $50.00 Lot 5, Block 3 Curb Box Inspection $300.00 Lot 12, Block 3 Lot 10, Block 4 Boulevard tree, boulevard/yard sod, driveway apron, Lot 18, Block 4 sidewallc replacement and corner lot boundary marker and Lot 11, Block 6 as-built stuvey. $7,754.00 Lot 1, Block 9 Lot 1, Block 4 Lot 9, Block 4 Fees: Right-of-way Permit $50.00 Lot 1, Block 5 $300.00 Lots 10 and 11, Block 5 Curb Box Inspection Lot 20, Block 5 Escrow: Two boulevard n�ees boulevard/yard sod, driveway Lot 1, Block 7 apron, and corner lot boundaiy marker and as-built survey. ��004.00 Lot 5, Block 7 Lot 3, Block 8 c. The Developer records the final plat with the County Recorder within one year after City Council approval of the final plat. d. The Developer agrees to furnish ali labor, materials and equipment per the resolution approving the final plat for Cayden Glen and perform the Public Improvements and utility repair and adjustment in conformance with the Approved Plans. 3. Development Plans and Ri�ht to Proceed. The Developer may not construct any Public Improvements until all the following conditions have been satisf ed: a. This Agreement has been fully executed by both parties and filed with the City Clerk. b. The necessary secluities, wai�ranties, and escrows as required by this Agreement have been received by the City. -s- c. The Final Plat has been submitted for recording with the Washington County Recorder's Office. d. The City has issued a letter stating that all conditions of this Agreement have been satisfied and that the Developer may proceed. The Developer agrees that the Public Impr•ovement work shall be done and performed in a workmanlike manner and all materials and labor shall be in strict confor7nity with the Approved Plans and City ordinances. Any material or labor supplied rejected by the City or City Engineer as defective or unsuitable per the Approved Plans shall be removed and replaced with approved material to the reasonable satisfaction or approval of the City or the City Engineer at the cost and expense of Developer. The Developer shall submit a written schedule indicating the progress schedule and order of completion of the Public Improvements. It is further agt•eed that upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the Public Improvements, the City Council, in its discretion, may extend the date herein for completion and that any bond required shall be continued to cover the Public Improvement worlc during this extension of time. It is distinctly understood and agreed that all Public Improvement work covered by this Agreement shall be done at no expense to the City unless otherwise agreed to by the City and the Developer. The City agrees to sealcoat the streets in the subdivision, at the City's expense, two years following the installation of the wear course paving in the subdivision. The Developer agrees to commence constiuction of the Public Improvement work required by this Agreement on or before July 15, 2014, and will have all Public Improvements substantially done, including the bituminous wedge on the street and fully completed to the reasonable satisfaction and approval of the City Engineer on or before November 15, 2014, except all concrete worlc must be completed by October 15, 2014 and the wear course/final lift of a11 streets in the subdivision must be completed within three years fiom the date all other Public Improvements are accepted by the City or when 90 percent of the houses have been consh whichever is sooner. The Developer is responsible for the future expenditures to remove the temporary wedge, pave the wear course, repair damaged curb and gutter that is not reasonably accepted, restoration costs and any other Public Improvement that must be completed. 4. The Developer shall not do any Public Improvement worlc or fuz�nish any materials not covered by the Approved Plans or this Agreement, for which reimbursement is expected from the City, unless such worlc is first ordered in v�niting by the City as provided in the Approved Plans. Any such work or materials which may be done or furnished by the Developer's contractor without such written order fii•st being given shall be at the Developer's own risk, cost and expense. It is further agreed, anything to the contrary herein notwithstanding, that the City, City Council and its agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's contractor or subcontractors, material men, laborers or to any other person or persons whomsoever, for any claim, demand, damages, actions or cause of any action of any kind or character arising out of or by reason of the execution of this Agreement or the pei�formance and completion of the Public Improvement work and the Improvements and that the Developer will save the City harmless from all such claims, demands, damages, actions or causes of action or the costs, disbursements and expenses of defending the same, except for any such claims, demands, damages, actions or causes of action caused by the misconduct or negligence of the City or someone acting on its behalf. �� 5. Stakin�, Survevin� and Inspections. Developer• must provide all staking and sutveying for the Public Improvements in order to ensure that the completed Public Improvements conform to the Approved Plans. The City will provide for construction inspections, witness testing, review testing reports, conduct erosion conhol inspections and attend project meetings at the Developer's expense. Developer must notify the City Engineer at least 48 hours in advance, not including weekend days or holidays, for inspection service or scheduling of tests to be performed. 6. Street Li�hts. The City will furnish the street light poles and luminaries. The Developer is responsible for installing the street lights and providing all other street light improvements as shown on the Approved Plans. 7. Final Insnection/Acceptance. Upon completion of the Public Improvements, the City Engineer and representatives of the Developer's contractor and/or engineer will promptly make a final inspection of the Public Improvements. Before final payment is made to the contractor by the Developer, the City Engineer shall be satisfied that all worlc is satisfactorily completed in accordance with the Approved Plans and all City inspections for the work were performed, and the Developer's engineer shall submit a wr•itten statement attesting to the same. The Developer's contractor perfol�ning the Public Improvements for the Developer must submit to the City a 100% Warranty Maintenance Bond that shall run for a minimum of one year. Said bond shall run fiom date of acceptance by the City of all Public Improvements. At the time of final acceptance of the Public Improvements, if it is deteimined by the City that the Approved Plans were not adhered to, or that the Public Improvement work was done without City inspections, the Developer agrees to increase the length of the 100% Warranty Maintenance Bond up to a maximum of two (2) years as reasonably detei�nined by the City Engineer. The Wananty period for streets commences after the final placement of the wear course. The City Engineer will notify the Developer in writing of the City's approval and acceptance of the Public Improvements and schedule the request for acceptance by the City Council. City Council's acceptance shall be within 30 days after the City Engineer's final inspection(s). The final approval and acceptance of the Public Improvements by the City Council shall constitute final approval and acceptance by the City without further action on the part of any party hereto. 8. Default by Developer. In the event of default by the Developer of the terms of this Agreement, including but not limited to, Public Improvement work to be perfor7ned or payment to be made to the City pursuant to this Agreement by the Developer, its successors or assigns, and the continuance of such default after written notice fiom the City and the expiration of the Cure Period (as defined below), the City is granted the right to declare any sums provided by this Agreement due and payable in full, and the City may draw upon any financial guaranty(ies) posted in conformance with this Agreement, provided, however, the Developer shall first be given an opportunity to ciue the default for a period of at least 30 days (except in emergency situations) thereafter as provided below. Said notice will be addressed to Developer at the address shown below in Section 18. In the event the City draws from any financial guaranty(ies) sums that exceed the costs or damages to the City, the City will promptly retiun such excess amounts to the Developer. Notwithstanding anything to the contrary contained in this Agreement, if the City determines that the Developer is in default of any of the tei�rns of this Agreement, the City shall promptly notify Developer of the default and/or non-compliance. The City agrees to provide the Developer a reasonable and appropriate amount of time, which shall not be less than thirty days, for the -�- Developer to correct any noted defaults, based on the measures that will need to be taken by the Developer to correct the default ("Cure Period"). In the event Developer fails to coi�rect said non- compliance within the designated Cure Period, the City may take any other remedy or action available to the City under the tei�rns of this Agreement. The City also reserves the right to levy special assessments against the land within the subdivision to recover its costs if it must perform the work and may draw upon the financial guarantee not only for a default by the Developer with respect to the Public Improvements but for any other default by the Developer. The failure of the City to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, and such failure continues for 30 days after the Developer provides notice to the City of the nature of the default pursuant to paragraph 17 of this Agreement shall constitute a default of this Agreement by the City. Whenever a default occurs by the City, the Developer may take whatever action at law or in equity may appear necessaiy or desirable to enforce performance and observance of any obligation, agreement, or covenant of the City under this Agreement, including an action for specific performance. Any action for specific performance must be commenced within six months of the default. 9. Denial of Permits. Breach of any tel�n of this Agreement by the Developer or failure to comply with City ordinances shall be grounds for denial of building or occupancy pei�rnits for buildings within the subdivision until such breach is conected by the Developer. 10. Attorneys' Fees. The defaulting party will pay the non-defaulting party's reasonable attorney's fees to be fixed by the Court in the event a suit or action is brought to enforce the terms of this Agreement, or in the event an action is brought upon a bond or letter of credit furnished by the Developer as provided herein. 11. Assi�nment. The Developer may not transfer or assign any of its obligations under this Agreement without the prior v�nitten consent of the City, which shall not be urueasonably withheld, conditioned or delayed. 12. A�reement to Run with Land. The City agrees to record this Agreement among the land records of Washington County, Minnesota and the Developer agrees to record the "Cayden Glen" final plat at Washington County, Minnesota. The provisions of this Agreement shall run with the land and be binding upon the Developer and its successors in interest. Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the City expressly so releases the Developer in vv�iting. 13. Release. Upon completion and approval of all Public Improvements required herein, including completion and acceptance of the Public Improvements and satisfaction of all of the Developer's obligations under this Agreement, the City agrees to execute an instrument (in form sufficient to remove this Agreement as a fiu encumbrance against the Subject Property) releasing all of the Subject Properry from the teims of this Agreement. 14. Severability. The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. -s- 15. Applicable Law. This Agreement shall be governed by and constiued in accordance with the laws of the State of Minnesota. 16. Chan�es in Official Controls. For five (5) years from the date of this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in v�niting by the City and the Developer. 17. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: NNP-Jamaica, LLC Attn.: Shelly White, Vice President 6550 York Avenue Suite 205 Edina, MN 55435 With a copy to: Larlcin, Hoffinan, Daly & Lindgren, LTD Attn: Ryan Boe 1500 Wells Fargo Plaza 7900 Xeixes Avenue South Bloomington, MN 55431 Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: City of Cottage Grove Attn.: City Adminishator 12800 Ravine Parlcway South Cottage Grove, MN 55016 18. Prior Agreements. This Agreement supersedes and replaces any prior development agreements affecting the Subject Property. 19. Mail Boxes. The Developer is responsible for the placement of a mailbox for all the lots within the project and must comply with the United States Postal Setvice's mailbox design and placement guidelines. The mailboxes must be of similar design and color within this development. 20. Trail and Sidewalk Maintenance. If the City does not provide snow removal on the sidewalks abutting residential lots, the Homeowners Association or the pr•operry owner(s) adjoining the sidewalk must remove the snow and/or ice. The City shall maintain, at its sole cost and expense, the trail to be constiucted in Outlot C. 21. Park Improvements. The Developer is required to pay park fees in lieu of land dedication in the amount of $188,416.00. This amount is based on 921ots and 64 percent of the $3,200 per lot park fee in lieu of land dedication. The Developer is constructing the park improvements upon Outlot C of Cayden Glen. The construction costs for park improvements and trails were estimated to be $252,777.00 as detailed in Section 2(b)(iii) of this Development Agreement. The City agrees to reimburse the Developer the difference between the actual construction costs and the $219,747.00 the -9- Developer is required to pay. The Developer agrees to obligation of $188,416.00 for parks and trails of $31,331.00 for a total of $219,747.00. Any overage incuned above $219,747.00 is the City's expense, not the Developer. Upon completion of the Public Improvements, Developer shall deed Outlots A and C of Cayden Glen to the City. 22. Preparation of Plans and Specifications. The Developer must pay to the City $65,081.34 for the cost in preparing the plans and specifications for the Public Improvements. Payment must be received before December 31, 2013. 23. Easements. The Developer must obtain from D.R. Horton certain easements before the City will release the final plat for recording. The required easements are as follows: a) A temporaly public utility easement crossing D. R. Hoi�ton's propei for pmposes of constructing Segment 2 sanitaly sewer; and b) A temporaiy easement the temporaty cul-de-sacs located at the east end of 67 Street and 69 Street in Cayden Glen; and c) A per�nanent stormwater sewer easement between Outlot A in Cayden Glen and the SWWD property; and d) A temporaiy drainage easement for ponding east of and adjoining Outlot A in Cayden Glen. 24. Future Residential Lot. The City supports the combining of Outlot F in Cayden Glen subdivision with additional adjoining property on the D.R. Horton property that will create one additional lot in D. R. Horton's future development phase. 25. The Developer shall provide a copy of the executed agreement between NNP-Jamaica, LLC and D. R Horton to the City. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. NNP-JAMAICA, LLC CITY OF COTTAGE GROVE: By: By: Shelly White, Vice President Myron Bailey, Mayor C Caron M. Stransky, City Clerk - io- ACKNOWLEDGEMENT FOR CITY STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of 2013, by Myron Bailey, Mayor and Caron M. Stransky, City Clerk of the City of Cottage Grove, a Minnesota municipal coiporation, on behalf of the corporation. (Notaiy Seal) Notary Public ACKNOWLEDGEMENT FOR DEVELOPER STATE OF MINNESOTA ) )ss. COUNTY OF ) On this day of , 2013, before me, a notary public within and for said County, personally appeared Shelly White, Vice President of NNP-JAMAICA, LLC, a Delaware limited liability company, on behalf of said company, did say that she is the Vice-President of said company, and he did acknowledge and execute said instrument to be her fiee act and deed on behalf of said company. Notary Public (Notaiy Sea1) THIS DOCLIMENT DRAFTED BY: Community Development Deparhnent City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 � EXHIBIT "A" LEGAL DESCRIPTION OF THE SUBJECT PROPERTY The Southeast Quarter of the Southwest Quarter of Section 3, Township 27, Range 21, Washington County, Minnesota, except the East 459.25 feet thereof, and also except the South 320 feet of the West 121 feet thereof. . , The East 459.25 feet of the Southeast Quarter of the Southwest Quat�ter of Section 3, Township 27, Range 21, Washington County, Minnesota, containing 14 acres including road right of way. Subject to a public road easement for 70th Street South and all other easements, if any. . , That part of the Southwest Quar of the Southwest Quarter of Section 3, Township 27, Range 21, Washington County, Minnesota described as follows: Beginning at the Northeast corner of the South 639.67 feet of said Southwest Quat of the Southwest Quarter; thence North 89 degrees 12 minutes 59 seconds West, assumed bearing, along the North line of said South 639.67 feet, a distance of 15.41 feet; thence South O1 degrees 26 minutes 59 seconds West, a distance of 319.69 feet to the North line of the East 30.00 feet of the south 320.00 feet of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 12 minutes 59 seconds East, along the North line of said East 30.00 feet of the South 320.00 feet, a distance of 17.00 feet to the East line of said Southwest Quarter of the Southwest Quarter; thence Noi�th Ol degrees 09 minutes 55 seconds East, along said East line of the Southwest Quarter of the Southwest Quarter, a distance of 319.69 feet to the point of beginning. . � That part of the Southwest Quarter of the Southwest Quarter of Section 3, Township 27, Range 21, Washington County, Minnesota described as follows: Beginning at the Northeast coiner of the South 639.67 feet of said Southwest Quarter of the Southwest Quarter; thence North 89 degrees 12 minutes 59 seconds West, assumed bearing, along the North line of said South 639.67 feet, a distance of 15.41 feet; thence North O1 degrees 26 minutes 59 seconds East, a distance of 687.87 feet to the North line of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 14 minutes 09 seconds East, along the said North line of the Southwest Quarter of the Southwest Quarter; a distance of 12.00 feet to the Northeast corner of said Southwest Quarter of the Southwest Quai�ter; thence South O1 degrees 09 minutes 55 seconds West, along said East line of the Southwest Quarter of the Southwest Quarter, a distance of 687.84 feet to the point of beginning. -iz- THIRD PARTY ESCROW AGREEMENT CAYDEN GLEN - PUBLIC IMPROVEMENTS THIS AGREEMENT is entered into on , 2013 by {hereafter "Escrow Agent"), City of Cottage Grove (hereafter uCity") and NNP-Jamaica, a Developer limited liability campany (hereafter "Developer"). RECITALS WHEREAS, City and Developer have entered into a Development Agreement dated , 2013 pursuant to whlch Developer has agreed to deposit certain funds as identified in Paragraph 2 below in escrow in lieu of a letter of credit; and, WHEREAS, Developer agrees to privately construct public improvements serving the property tegally described in attached Exhibit A and as defined in the Development Agreement; and, WHEREAS, City and Developer desire that the Escrow Agent disburse the advances and Escrow Agent is willing to do so on the terms and conditions hereinafter set forth yet not providing any title or mechanic lien clearance services; and, WHEREAS, capitalized terms used and not otherwise defined herein, shall have the meanings set forth in the Developer's Agreement. NOW THEREFORE, in consideration of the foregoing recitals and other good and vatuable consideration, it is agreed between the parties as follows: 1. Developer will deposit escrowed funds in the amount of $3,092,343.70 with Escrow Agent. 2. The Escrow Agent is authorized and directed to disburse the funds deposited hereunder to Developer (or City in case of Devetoper Default) to pay the costs of construction of the identified improvements (see Exhibit A} to be constructed on the described real property as such property is identified in the Developer's Agreement. The number of permissible draws and the fees to be charged therefore is as set forth herein. 3. Prior to each disbursement of funds by the Escrow Agent to the Developer, the City and Escrow Agent must be furnished with the following items: a. Sworn Construction Statement, setting forth all contractors and material suppliers with whom the Developer has contracted the amounts of each contract, the amaunts paid to date, the amounts being requested and the balances due. b. The written draw request by the Developer for the requested disbursement. Page 1 c. Written Approval by the City of the disbursement request; which approval shall (i) not be unreasonably withheld or delayed and {ii) be provided within ten ('10) business days following the date submitted by the Escrow Agent in accordance with Paragraph 5 below] with confirmation fram the Escraw Agent that Developer has provided ali of the items required to be submitted under this Paragraph 3. Failure by the City to respond to such request within ten (10) business day approval period shall automatically be deemed to be City's approval to same. Escrow Agent may communicate with City electronically relative to these requests. d. Full or par#ial, up-to-date lien waivers plus affidavits supporting lien waivers and releases of lien if necessary in a form satisfactory to Escrow Agent and City. e. A list showing each ContractorNendor to be paid from the current Draw Request, the amount of payment and the category of cost as shown on the Sworn Construction Statement for which such payment are to be made. f. Such other supporting evidence as may be reasonably requested by the City or Escrow Agent to substantiate all payments which are to be made out of the relevant Draw Request and/or to substantiate all payments, then made with respect to the Public Improvements. g. Escrow Agent's charges for all of the escrow senrices to be provided for pursuant ta this Agreement are $ 25.00 per draw. h. No draw requests shall be made by Developer while another is pending or in the event the City has declared default under the Devefoper's Agreement. 4. At the time of submission of the final Draw Request, which shall not be submitted before the completion of the Public Improvements, including all landscape requirements, Developer shall submit to Cityr and Escraw Agent in addition to the requirerrients listed in Paragraph 3 above the following: a. A written lien waiver from all contractors for work done and materials fumished far the Public Improvements. b. Such other supporting evidence as may be reasonably requested by the City or Escrow Agent to substantiate afl payments, which are to be made out of the final Draw Request and/or to substantiate all payments, then made with respect to the Project. c. Satisfactory evidence that all work requiring inspection by Governmental Authorities having jurisdiction including the City has been duly inspected and approved by such authorities and that all requisite certificates af occupancy, if applicable, and other approvals have been issued. d. Final Swom Construction Statement. e. The Developer's general contractor shall submit a one (1) year warranty bond in a form satisfactory to the City Attorney, from the date of Public Improvements acceptance and all required IC-134 documents. Page 2 5. Not later than five business days following receipt of the documents delivered to it pursuant to the above paragraphs, the Escrow Agent will notify in writing the City as to whether or not fhe delivered documents are satisfactory to it. If documents are missing, the Escrow Agent will advise City and Developer. If the documents are supplied to the satisfaction of the City and Escrow Agent, Escrow Agent will within three (3) days of receipt of draw request, transmit to the Developer the amount applied for in the reievant draw request. 6. Developer will pay parties identified in the relevant draw request, the amounts shown therein. Payment will only be made upon receipt of signed lien waivers for the amount requested. 7. The Escrow Agent will keep and maintain books and records in sufficient detail to reflect the disbursements made by it hereunder. City and Developer may, during normal business hours, examine the books and records of Escrow Agent pertaining to the disbursements made by it hereunder. 8. No liabitity is assumed by Escrow Agent or City to the Developer or con#ractors as regards protection against mechanic's lien or title claims. 9. Functions and duties assumed by the Escrow Agent include only those described in this Agreement and the Escrow Agent is not obligated to act except in accordance with the terms and conditions of this Agreement. Escrow Agent does not insure that the building or construction will be completed or that the building when completed will be in accordance with the plans and specifications, or that sufficient funds will be available for completion. The funds placed in escrow shall be maintained in a non-interest bearing account. 10. Escrow Agent acknowledges receipt of escrowed funds upon execution of this document. 11.This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 12.This agreement can be amended or modified only by a written Amendment, written and signed by all of the parties hereto. 13. Escrow Agent shall place all received funds in a FDIC insured account. 14. If directed by the City in its reasonable business judgment, the Developer shall submit additional security to address change orders or unanticipated Project costs which costs will be reasonable agreed upon by the City and Developer. 15. The parties hereto agree that each party's legal cost incurred to draft and /or negotiate this Agreement on behalf of such party shall be the sole responsibility of the party incurring the same. 16. Time is of the essence as to each provision of this Agreement. 17.A11 notices required or permitted under this Agreement shall be (i) delivered to the addresses set forth below, and (ii} mailed, delivered or transmitted by one party to the others and such notice shall be deemed given and effective upon receipt if personally Page 3 delivered; upon receipt if sent by telecopy or electronic mail, upon receipt or upon the date of first attempted delivery, if sent by certified or registered mail with postage prepaid, retum receipt requested or if sent by Federal Express or other nationally recognized carrier service, or upon receipt if sent in any other way. Any party hereto may from time to time, by written notice to the other parties, designate a different address which shall be substituted for the one specifled below. 18. !n the event the City declares default under the Developers Agreement this Escrow agreement shall terminate and all funds held in escrow shall be remitted to the City of Cottage Grove for application to obligations specified under the Developers Agreement. Escrow Agent: City: City of Cottage Grove Attn: Finance Director 12800 Ravine Parkway Co�tage Grove, MN 55016 Developer: Newland Real Estate Group, LLC Attn.: Legal Services Department 9820 Towne Centre Drive, Suite 100 San Diego, CA 92121 cc: NNP-Jamaica, LLC Attn.: Shelly White, Vice President 6550 York Avenue Suite 205 Edina, MN 55435 19.This Agreement may be executed in any number of counterparts, each of which shall be original but all of which shall constitute one and the same instrument. The delivery of an executed counterpart of this Agreement by facsimile or PDF or similar attachment to an email in accordance with Paragraph 19 above shall constitute effective delivery of such counterpart for all purposed with the same force and effect as the delivery of an original executed counterpart. Page 4 ESCROW AGENT BY: Name Its: STATE OF ) ) ss COUNTY OF ) On this of , 2013, before me, a Notary Public, in and for said County and State, appeared , to me personally known, who being by me first duly sworn, did say that heJshe is the for , and acknowiedged said instrument to be the free act and deed of who then executed the foregoing document by authority of and acknowiedging said instrument to be the free act and deed of said partnership. NOTARY PUBLIC -.�- CITY OF COTTAGE GROVE BY: Myron Bailey, Mayor (SEAL) AND BY: Caron M. Stransky, City Cierk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) C�n this of , 2013, before me, a Notary Public, in and for said County and State, appeared Myron Baiiey and Caron M. Stransky, to me personally known, who being by me first duly swom, did say that they are respectively the Mayor and City Clerk for the City of Cottage Grove, who executed the foregoing document by authority of the City Council of the City of Cottage Grove, and said Mayor and City Clerk acknowledge said instrument to be the free act and deed of said City of Cottage Grove. NOTARY PUBLIC Page 6 NNP�IAMAICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY STATE OF TEXAS) COUNTY OF HARRIS BY: �fi�c. �', ��'`� Walter F. Nelson Its: President ) ss t��-- On #his �a of �ec+►�.�rt,r; 2Q13, before me, a Notary Public, in and for said County and State, appeared Walter F. Nelson, to me personally known, who being by me first duly sworn, did say that he is the President for NNP-Jamaica, LLC, a Delaware limited liability company, and acknowledged said instrument to be the free act and deed of Waiter F. Neisan who then executed the foregoing document by authority of NNP-Jamaica, LLC, a Delaware iimited liability company and acknowledging said instrument to be the free act and deed of said company. ,, tARi FlORECtJHT}6 J hdY GQANMf8810N DiPIflE3 . f ';. �uNt�.�ot� �._..+r----�"��--�''�'�`�.� � NOTARY PUBUC Page 7 EXHIBIT A PUBLIC IMPROVEMENTS (1) The cost to construct the final street is estlmated to be $233,176.56. The City will allow a reduction to the $693,178.75 cost for street paving in the Third Party Agreement — Public Improvements, but will retain a minimum of $233�176.56 untit all the final street improvements have been constructed and accepted by the City. Altematively, the Developer can post a letter of credit for the value of the final street costs. * Actual costs by Developer will be credited. Page 8 THIRD PARTY ESCROW AGREEMENT CAYDEN GLEN - PARK IMPOVEMENTS THIS AGREEMENT is entered into on , 2013 by (hereafter "Escrow Agent"), City of Cottage Grove (hereafter "City") and NNP-Jamaica, LLC, a Delaware limited liability company (hereafter "Develope�"). RECITALS WHEREAS, City and Developer have entered into a Development Agreement dated , 2013 pursuant to which Developer has agreed to deposit certain funds as identified in Paragraph 2 below in escrow in lieu of a tetter of credit; and, WHEREAS, Developer agrees to privately construct park improvements serving #he property legally described in attached Exhibit A and as defined in the Development Agreement; and, WHEREAS, City and Developer desire that the Escrow Agent disburse the advances and Escrow Age�t is willing to do so on the terms and conditions hereinafter set forth yet not providing any title or mechanic lien clearance senrices; and, WHEREAS, capitalized terms used and not otherwise defined herein, shall have the meanings set forth in the Developer's Agreement. NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, it is agreed befinreen the parties as follows: 1. Developer will deposit escrowed funds in the amount of $219,747.00 with Escrow Agent. City is responsible fo� additional costs/funds exceeding $219,747.0� for park improvements. City has credited Developer $33,030.00. 2. The Escrow Agent is authorized and directed to disburse the funds deposited hereunder to Developer (or City in case of Developer Default) to pay the costs of construction of the identified improvements (see Exhibit A) to be constructed on the described real property as such property is identified in the Developet's Agreement. The number of permissible draws and the fees to be charged therefore is as set forth herein. 3. Prior to each disbursement of funds by the Escrow Agent to the Developer, the City and Escrow Agent must be fumished with the following items: a. Sworn Construction Statement, setting forth all contractors and material suppliers with whom the Developer has contracted the amounts of each contract, the amounts paid to date, the amounts being requested and the balances due. Page 1 b. The written draw request by the Developer for the requested disbursement, c. Written Approval by the City of the disbursement request; which approval shall (i) not be unreasonably withheld or delayed and (ii) be provided within ten (10} business days following the date submitted by the Escrow Agent in accordance with Paragraph 5 below] with confirmation from the Escrow Agent that Developer has provided all of the items required to be submitted under this Paragraph 3. Failure by the City to respond to such request within ten (10) business day approval period shall automaticafiy be deemed to be City's approval to same. Escrow Agent may communicate with City electronically refative to these requests. d. Fult or partial, up-to-date lien waivers plus affidavits supporting lien waivers and releases of lien if necessary in a form satisfactory to Escrow Agent and City. e. A list showing each ContractorNendor to be paid from the current Draw Request, the amount of payment and the category of cost as shown on the Swom Construction Staternent for which such payment are to be made. f. Such other supporting evidence as may be reasonably requested by the City or Escrow Agent to substantiate all payments which are to be made out of the relevant Draw Request and/or #o substantiate all payments, then made with respect to the Park improvements. g. Escrow Agent's charges for all of the escrow services to be provided for pursuant to this Agreement are $25.00 per draw. h. No draw requests shall be made by Developer while another is pending or in the event the City has declared default under the Developer's Agresment. 4. At #he time of submission of the final Draw Request, which shall not be submitted before the completion of the Project, including all landscape requirements, Developer shall submit to City and Escrow Agent in addition to the requirements (isted in Paragraph 3 above the following: a. A written lien waiver from all contractors for work done and materials furnished for the Park Improvements. b. Such other supporting evidence as may be reasonably requested by the City or Escrow Agent to substantiate all payments, which are to be made out of the finat Draw Request and/or to substantiate all payments, then made with respect to the Park Improvements. c. Satisfactory evidence that all work requiring inspection by Governmental Authorities having jurisdiction including the City has been duly inspected and approved by such authorities and that all requisite certificates of occupancy, if applicable, and other approvals have been issued. d. Final Swom Construction Statement. Page 2 e. The Developer's general contractor shall submit a one (1) year warranty bond in a form satisfactory to the City Attorney, from the date of Park lmprovements acceptance and all required IC-134 documents. 5. Not later than five business days following receipt of the documents delivered to it pursuant to the above paragraphs, the Escrow Agent will notify in writing the City as to whether or not the delivered documents are satisfactory to it. If documents are missing, the Escrow Agent will advise City and Developer. If the documents are supplied to the satisfaction of the City and Escrow Agent, Escrow Agent will within three (3) days of receipt of draw request, transmit to the Developer the amount applied for in the relevant draw request. 6. Developer wili pay parties identified in the relevant draw request, the amounts shown therein. Payment wiif anly be made upon receipt of signed lien waivers for the amount requested. 7. The Escrow Agent will keep and maintain books and records in sufficient detait to refiect the disbursements made by it hereunder. City and Developer may, during normal business hours, examine the books and records of Escrow Agent pertaining to the disbursements made by it hereunder. 8. No liabiiity is assumed by Escrow Agent or City to the Developer or contractors as regards protection against mechanic's lien or title claims. 9. Functions and duties assumed by the Escrow Agent include oniy those described in this Agreement and the Escrow Agent is not obligated to act except in accordance with the terms and conditians of this Agreement. Escrow Agent does not insure that the building or construction will be completed or that the building when completed will be in accordance with the plans and specifications, or that sufficient funds will be available for completion. The funds placed in escrow shall be maintained in a non-interest bearing account. 10. Escrow Agent acknowledges receipt of escrowed funds upon execution of this document. 11.This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 12.This agreement can be amended or modified only by a written Amendment, written and signed by all of the parties hereto. 13. Escrow Agent shall place all received funds in a FDIC insured account. 14. If directed by the City in its reasonabte business judgment, the Developer shall submit additional security to address change orders or unanticipated Project costs which costs will be reasonable agreed upon by the City and Developer. 15.The parties hereto agree that each party's legal cost incurred to draft and /or negotiate this Agreement on behalf of such party shall be the sole responsibility of the party incurring same. 16. Time is of the essence as to each provision of this Agreement. Page 3 17.A11 notices required or permitted under this Agreement shall be (i) delivered to the addresses set forth below, and (ii) mailed, delivered or transmitted by one party to the others and such notice shalt be deemed given and effective upon receipt if personally delivered; upon receipt if sent by telecopy or electronic mail, upon receipt or upon the date of #irst attempted delivery, if sent by certified or registered mail with postage prepaid, retum receipt requested or if sent by Federal Express or other nationally recognized carrier service, or upon receip# if sent in any other way. Any party hereto may from time to time, by written notice to the other parties, designate a different address which shall be substituted for the one specified below. 18. In the event the C�ty declares default under the Developers Agreement this Escrow agreement shall terminate and all funds held in escrow shall be remitted to the City of Cottage Grove for application #o obiigations specified under the Developers Agreement. Escrow Agent: City: City of Cottage Grove Attn: Finance Director 12800 Ravine Parkway Cottage Grove, MN 55016 Deve(oper: Newland Real Estate Grnup, LLC Attn.: Legal Services Department 9820 Towne Centre Drive Suite 100 San Diego, CA 92121 cc: NNP-Jamaica, LLC Attn.: Shelly White, Vice President 6550 York Avenue Suite 205 Edina, MN 55435 19. This Agreement may be executed in any number of counterparts, each of which shall be original but all of which shall canstitute one and the same instrument. The delivery of an executed counterpart of this Agreement by facsimile or PDF ar similar attachment to an email in accordance with Paragraph 19 above shall constitute effective delivery of such counterpart for all purposed with the same force and effect as the delivery of an origlnal executed counterpart. Page 4 ESCROW AGENT BY: Name Its: STATE OF ) ) ss COUNTY OF , ) On this of. .,___.______, 2013, before me, a Notary Public, in and for said County and State, appeared _ , to me personally known, who being by me first duly sworn, did say that helshe is the for , and acknowiedged said instrument to be the free act and deed of who then executed the foregoing document by authority of and acknowledging said instrument to be the free act and deed of said partnership. NOTARY PUBLIC Page 5 CITY OF COTTAGE GROVE BY; Myron Bailey,' Mayor (SEAL) AND BY: Caron M. Stransky, City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this of , 2013, before me, a Notary Public, in and for said County and State, appeared Myron Bailey and Caron M. Stransky, to me personally known, who being by me first duly swom, did say that they are respectively the Mayor and City Clerk for the City of Cottage Grove, who executed the foregoing document by authority of the City Council of the City of Cottage Grove, and said Mayor and City Clerk acknowledge said instrument to be the free act and deed of said City of Cottage Grove. NOTARY PUBLIC Page 6 NNP�IAMAICA, LLC, A DE�AWARE LIMITED LlABILITY COMPANY BY: `?�iJ`��`��+ � �'�`•.r�a� Walter F. Nelson Its: President STATE OF TEXAS) COUNTY C?F HARRIS ) ss � , Qn this ,�� of �! '�/L, 2Q13, bef�re me, a Notary Public, in °and for said County antl State, appeared Walter F. Nelson, to me personally known, who being by me first duly sworn, did say that he is the President for NNP-Jamaica, LLC, a Delaware limited liability company, and acknowledged said instrument to be the free act and deed of Walter F. Nelson who then executed the foregoing document by authority of NNP-Jamaica, LLC, a Delaware limited liability company and acknowledging said instrument to be the free act and deed of said company. ,� `�-_ �- �' . � � ._ 1�f11FK�i�CURTfB -°"' ,MY�M�I,�y`1 �at��t�e NOTARY PUBLIC Page 7 EXHIBIT A PARKIMPROVEMENTS * Actuai costs by Developer will be credited. "* Estimated City contribution for park improvements totaling �33,030.00 was deducted from the Developer's cash payment amount. Page 8