HomeMy WebLinkAbout1998-07-15 PACKET 08.E.FtEQIJEST OF CITY COUNCIL ACTIOtd COUNCIL AGEAJDA
PdIEETIPJG ITEM #
DATE 7/15(98 , v
F'RE°RRE'� BY: Community C�evetopment Km ��ndquis#
C7RIGINATING DEPARTPVIEtdT STAFF AUTh90R
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1. Adopt a resolution approving the final plat for a 50-lot residenYial subdivision named
"Sandy Hilis 8'" Addition.°
2. Approve Yhe subdivision agreement with fClaus P. Becker Construction Co., Inc.
3. Adopt a resolution ordering the public impravements and preparation of plans and
specifications.
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ADVISORY COMMISSION ACTION
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SUPPORTING dOCUMENTS
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REVIEWED
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N!A
RCTUALAMOUNT
APPROVED
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DENIED
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� MEMOlLETTER: Nfemo from John IVicCaol daFed 7/9/98
� RESOLUTION: 1) Final plat
2) Ordering prepara4ion of plans and specifications
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TO: Honorable Mayor & City Councii Members
Ryan Schroeder, City Administrator
FROM: John McCooi, Senior Planner
DATE: July 9, 1998
SUBJECT: Sandy Niils 8"' Addition - Project Approval
INTRODUCTION
Kiaus P. Becker Construction Co., Inc. has filed for finai plat approval for the development
of a residential subdivision known as SANDY HIILS 8"' ADDITION. This plat consists of
50 new lots for unattached single family homes. The developer is requesting that the
public improvements be constructed this year.
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The preliminary plat for the Sandy Hiiis 7"' Addition was approved by the City on
December 18, 1996. The final plat for the first phase was approved by the City on
February 19, 1997. This first phase consisted of 47 lots for unattached single family
homes. Development of this first phase included the grading and development of the
neighborhood paric named Arbor Meadows Park. All the pubiic improvements were
constructed in 1997.
DISCUSSION
Fina! Plat
The Planning staff reviewed the proposed final plat for Sandy Hilis 8"' Addition and found
it substantially in conformance with the approved preliminary plat. The conditions
stipulated in the resolution (Res. No. 96-216) approving the preliminary plat have been
incorporated in the resolution approving this final plat. Staff has requested some minor
revisions to the final plat, which are depicted on the finai plat that is attached. Approval of
the final plat is subject to the modifications required to be made on the final piat.
Mayor, City Councii, & City Administrator
July 9, 1998
Page 2
The deveioper dedic�ted 8 acres of land to the Cify for pubiic par�c purposes when the
first phase was approved. This land dedication exceeded the City's generai parkland
dedication requirements. Because of the additional parkland, it was agreed that the
recreation facility charge of $150.00 per lot would be waived for all future phases of
Sandy Niils 7"' Addition.
Subdivision Agreement
The feasibiiity report was initialiy prepared for the Sandy Hills 7"' preliminary plat. These
preliminary cost estimates contained in the feasibility report were used in the preparation
of this subdivision agreement. The provisions contained in this document are consistent
with the City's development requirements and standards. The developer has petitioned
the City for the construction of all public improvements.
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Staff recommends that the City Council adopt a resolution approving the Sandy Hills 8"'
Addition final plat, approve the subdivision agreement, and adopt a resolution authorizing
Bonestroo, Rosene, Anderiik and Associates to prepare the plans and specifications for
ail the pubiic improvements.
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RESOLUTION NO. 98-XXX
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WHEREAS, Klaus Becker Construction Co. has filed a final plat application to
develop a residentia! subdivision known as Sandy Hills 8"' Addition. This plat consists of 50
lots for unattached single family homes located on property legaily described as:
Outlots B and C of Sandy Hills 7`" Addition, according to plat on file and of
record in the office of the Washington County Recorder, Washington County,
Minnesota.
Containing 18.67 acres of land.
WHEREAS, the Pla�ning Commission held a public heari�g on November 25, 1996,
and unanimousiy approved the request of Klaus Becker Construction Co. for preliminary
plat approvai of a residential subdivision known as Sandy Hiils 7"' Addition, subject to
certain conditions; and
WHEREAS, the City Councii subsequently accepted the Planning Commission's
recommendation and approved the Sandy Hilis 7"' Addition preliminary plat (Res. No. 96-
216) on December 18, 1996; and
WHEREAS, the first phase of development known as Sandy Hills 7"' Addition
consisted of 47 lots for unattached singie family homes. The City Council adopted
Resolution No. 97-15 on February 19, 1997 approving the final plat for Sandy Hilis 7"'
Addition; and
WHEREAS, the Sandy Hiils 8�' Addition is the second and last phase of
development for the Sandy Hills neighborhood; and
Resolution No. 98-XXX
Page 2
WHEREAS, the final plat is found to be substantially consistent with the preliminary
plat approval by the City on December 16, 1996.
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of
Cottage Grove, Washington County, Minnesota hereby approves the final plat known as
Sandy Hills 8"' Addition as requested by Klaus Becker Construction Co. The City's
approvai is subject to the foilowing conditions:
1. The developer shall enter into a subdivision agreement with the City of Cottage
Grove for the instaliation of and payment for all public improvements in the
subdivision, pursuant to Section 28-18 of the Citys Subdivision Ordinance.
2. The Citys consulting engineer is authorized to prepare a preliminary feasibility
report for purposes of estimating the costs of ail public improvements for this
project.
3. Aii drainage and utility easements as recommended by the City's consulting
engineer shali be shown on the final plat.
4. All pubiic right-of-ways and easements shall be dedicated to the City for public
purposes.
5. The dimensions of each lot shall be verified on the final piat and a list containing
the square footage for each lot shall be provided to the City.
6. The developer shall disclose to homebuyers of the surrounding vacant property
land uses.
7. The final plat shali be recorded with the Washington County Recorder's Office
prior to the City awarding a bid(s) to construct pubiic streets and utilities.
8. The developer shall pay for the construction of an eight-foot wide bituminous
pathway located between Lot 1, Block 2 and Lot 2 Block 3. This pathway
shall be const�ucted from the street curb to the rear lot line of the neighboring
lots.
9. A six {6)-foot wide concrete sidewalk sha!! be constr�eted along the west side
of Johansen Avenue. The applicant is required to post a financial guarantee
in the amount of 25 percent of the estimated cost to construct these
sidewaiks.
Resolution No. 98-XXX
Page 3
10. A"STOP" sign shall be instalied by the City for each local street intersecting
Hillside Trail and Johansen Avenue. A"STOP" sign shali also be installed
on Hiliside Trail intersecting Johansen Avenue. The developer shall be
responsibie for the City's costs of these "STOP" signs.
11. Johansen Avenue South shall be constructed as a 42-foot wide roadway from
back-of-curb to back-of-curb. This is a deviation from the 48 foot requirement
stipulated in Section 23-31(c) of the City's Subdivision Ordinance.
12. All emergency overflow swales must be identified on the Grading and Erosion
Control Plan.
13. Erosion control shall be performed in accordance with the recommended
practices of the "Minnesota Construction Site Erosion and Sediment Control
Pianning Handbook" and the conditions stipulated in Section 23-36, Erosion
Control During Construction of the City's Subdivision Ordinance.
14. A barricade shall be installed at the end of all streets that are dead-ended.
Mounted on the barricade shall be a sign providing notice that these streets are
planned to be e�ended in the future.
Passed unanimously this 15th day of July, 1998.
John D. Denzer, Mayor
Attest:
Caron M. Stransky, City Clerk
RESOLUTION N0. 98-XXX
RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF
PLANS AND SPECIFICATIONS FOR SANDY HILLS 8 ADDITION
WHEREAS, pursuant to a resolution passed by the City Council on the 15 day
of July, 1998, the City Engineer was authorized to prepare plans and specifications for
all the pubiic improvements within the Sandy Hills 8`" Addition project;
NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF COTTAGE
GROVE, COUNTY OF WASHINGTON, STATE OF MINNESOTA;
1. Such improvements are necessary, cost effective, and feasible as detailed in the
feasibility report.
2. Such improvements are hereby ordered as proposed in the City Council resolution
adopted the 15` day of July, 1998.
3. The engineering firm of Bonestroo, Rosene, Anderlik, & Associates is hereby
designated as the engineer for this improvement. The engineer shall prepare plans
and specifications for the making of such improvement.
Passed this 15`" day of July, 1998.
John D. Denzer, Mayor
Attest:
Caron M. Stransky, City Clerk
[Reserved for recording data]
DEVELOPMENT AGREEMENT
FOR
SANDY HII.LS 8� ADDTITON
This Agreement is made and entered into on the 15th day of 7uly, 1998, by and between Klaus
P. Becker Construction Co, Inc. referred to as "DEVELOPER" and 7ames C. and He(en M. Jansen
referred to as "OWNER", and the City of Cottage Grove, a municipal corporation, situated in the
County of Washington, State of ivfinnesota, hereinafter referred to as the "CTfY'°.
Wf�REAS, the DEVELOPER is purchasing real estate property from OWNER and is the
developer of a subdivision known as Sandy Hills 8'" Addition consisting of SO lots situated in the City
of Cottage Grove, County of Washington, State of Minnesota, of which are described in Eachibit "A",
which is attached hereto and made a part hereof by reference; and
Wf�REAS, Chapter 23 of the City Code of the City of Cottage Grove, rec{uires
DEVELOPER to make certain improvements in the subdivision, and the parties hereto aze desirous of
entering into an agreement with respect to such improvements, a Gst of which unprovements is set
foRfi, together with the estimated cost thereo� in E�ibit "B" attached hereto and made a part hereof
by reference, hereinafter referred to as the "Improvements".
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NOW, TF�REFORE, TT IS HEREBY AGREED BY AND BETWEEN Tf� PARTIE5 AS
FOLLOWS:
I. DEFINITIONS.
i. i Terms. The following terms shall have the meanings as set forth below.
12 it .°CITY" means the City of Cottage Grove, a M'iruiesota municipal corporation.
13 Develover. "DEVELOPER" means Klaus P. Becker Constniction Co., Inc.
1.4 Owner. "OWNER" means James C. and Helen M. Jansen
II. OWNER WARRANTIES.
2.1 Warranty of Title. The DEVELOPER represents and warrants that it owns fee title to
the property which is the subject of this subdivisioq free and clear of any mortgages, Gens, and other
encumbrances, except: 7ames C. Jansen and Helen M. Jansen are fee owners and Klaus P. Becker
Construction Co., Inc. is contract purchaser.
2.2 Clear Title to the CITY. Prior to the dedication, transfer, or conveyance of any real
property or interest therein to the CITY for future phases of development, the DEVELOPER or
OWNER shall deliver to the CITY evidence in the form of a title opinion or a title insurance policy
evidencing good titie in the DEVELOPER or OWNER. The condition of the title of any rea( property
or interest therein to be dedicated, uansferred or conveyed to the CTTY as provided for herein shall
vest good and marketable title in the CTfY, free and ctear of any mortgages, liens, encumbrances, ta�ces
or assessments.
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3.1 Plat NamelRecording of Plat. Subject to the terms and conditions of this Development
Agreement, the recitals above, and all other applicable ordinances of the City of Cottage Grove,
including the zoning and subdivision ordinances, the preliminary and final plat resolutions, and the
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CITY's Devetopment Policy the CITY hereby approves the recording of the plai known as "Sandy
F£ills 8�' Addition." DEVELOPER or OWNER shall record the piat prior to the CTfY awarding bids
for the Improvements which are listed as "Petition Items" in E�ibit 'B°. In the event thai the plat is
not recorded prior to the award of the bids, the CITY shall delay the awazd of the bid until the
DEVELOPER or OWNER records the plat, or until the DEVELOPER or OWNER transfers to the
CTTY the right-of-way and easements where the Improvements are to be installed.
3.2 Easements. DEVELOPER or OWNER shall grant all easements required by the CITY on
the final plat or DEVELOPER or OWNER shall provide the easements in otherwise recordable form,
without cost to the CITY.
IV. CITY IMPROVEMENTS.
4.1 CITY Lnprovements. The DEVELOPER has petitioned the CITY to construct and install
Improvements listed as "Petition Items" in Exhibit "B". The CTfY shall construct the Improvements in
accordance with its regulaz methods of making public improvements. The estimated costs in Exhibit
"B° "Petition Items" include engineering, lega(, administrative and finance and bonding costs. The
CITY shall assess the costs for the Improvements, including engineering, legai, administrative and
finance and bonding costs against the lots located within the subdivision in accordance with Minnesota
Statutes, Chapter 429 and Chapter 444.
4.1.1 The amount of the assessment shall be computed by tallong the total costs of the
Improvements, including engineering, legal, administrative and finance and bonding costs less any
deposits or payments made by the DEVELOPER, according to the terms of this Agreement.
4.1.2 The Lnprovements assessed pwsuant to Minnesota Statutes, Chapter 429 shall be
assessed with a payback over a period of three (3) years.
4.2 Waiver
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a) The DEVELOPER and OWNER hereby waives the requ'vement of hearings and notice of
any hearings necessary for instaltation of said Improvements, or Improvements installed ai the request
of the DEVELOPER as provided herein; the DEVELOPER and OWNER further waives objection to
any and all defects in the proceedings for the ordering of the Improvements, the letting of the contracts
for the Improvements and the assessment of the cost of said Improvements.
b) DEVELOPER and OWNER further waives any objection to the assessments for said
Improvements levied by the CTTY pursuant to Mitu�esota Statutes, Chapter 429 or Chapter 444,
specifically including the right to appeal the levy of assessments for the Lnprovements, and further
including change orders necessary for the completion of the Improvements, if such objection is not
made in writing and delivered to Cl'TY between the tnne of the opening of the bids for the installation
of said Improvements and prior to the CTI'I' Council approval or award thereo� or within 'I'hirty (30)
days of the opening of the bids, whichever shall occur first. If the DEVELOPER'S or OWNER'S
objection is received, the CITY Council shall have the option of reletting the bids, continuing with the
Improvements or deleting the Improvements from the contract.
43 Street Li h� ti�. The DEVELOPER agrees to provide a public street ighting system
planned in accordance with the appicable CITY ordinance, pursuant to the "Petition Items". The
street light utility cost which amounts to $30.20 per lot per year for a three-year period shall be
assessed equally to the fifty (50) lots in the subdivision. The total amount is $4,530.00 and equates to
$90.60 per lot.
4.4 Street Sealcoatine. The DEVELOPER agrees to pay the cost of the first sealcoating
application of all public streets in the subdivision. The cost of sealcoating is based on the rate of $0.65
per square yazd mukiplied by the total squaze yazds of roadway (10,133 squaze yazds). The sealcoating
cost, which amounts to a total of $6,586.45 is included in the preliminary cost estimate for street
improvements, shall be assessed equally to the fifty (50) lots in the subdivision.
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5.1 CTI'Y Gonformance. All work and improvements required by tivs Agreement to be
performed by the DEVELOPER shall be built and conswcted by the DEVELOPER in accordance
with the plans and specifications approved by the CITY and the CITY Council, and all ordinances and
prelinw�ary and final plat resolutions of the CITY or any amendments thereto and CTTY Development
Policy.
5.2 Grading and Draina eg Plans. The DEVELOPER shall provide the CITI' with grading and
drainage plans to be approved by the CTI'Y. The grading and drainage plans shall include lot and house
elevations, drainage swales which shall be sodded in the same manner as boulevazds, storm sewer,
catch basins, erosion control structures and pending areas to conform with the overall CITY storm
sewer pian, and said plans shall be approved by the CITY.
Fxcept for individual house sites, property with slopes of Fifteen percent (I S°/a) or greater shall
not be rough graded. The plan shall contain hoiddown elevations that will allow for the spreading of
excavation material in order to achieve compliance with the grading plan.
The grading of the site shall be performed by the DEVELOPER and completed in
conformance with the approved gading and drainage plan. Grading shall be coordinated with the
CIT'Y to coincide with the schedule foe the installation of CITY Improvements. The DEVELOPER
shall constroct drainage facilities adequate to serve the subdivision in accordance with the approved
plans. The DEVELOPER and OWNER agree to gant to the CTTY, without cost to CITY, all
easements reasonably necessary for the preservation and maintenance of said drainage system, for
drainage basins, for utility service and for utility looping.
Prior to issuance of a Certificate of Occupancy for any home constructed on a lot witlun the
subdivision, a CertiScate of Compliance by a surveyor shall be submitted reflecting conformance with
the approved gading plan, and tha4 the lot pin corners aze installed.
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5.3 Public Streets. The DEVELOPER shai grade, in accordance with the gading plan
provided to and approved by the CIT'Y, all public streets, boulevards, driveways and other public
lands, if any, and other lands shown in the approved gading plan. The DEVELOPER shall perform the
grading prior to the awazd of the CITY's contract for the Improvements. If the DEVELOPER does
not perform the work required by this pazagraph, the CI'fi' shall complete all work required of the
DEVELOPER under the CITY contract. The DEVBLOPER shall be financially responsible for
payments for this e�ctra work, which shall be assessed as provided above. The CTTY shall have the right
to demand an increased &nancial guazantee in accordance with pazagraph 8.1 hereo� if applicable.
S.4 Public Street Maintenance. DEVELOPER shai be responsible for all maintenance, upkeep
and repair (inc(uding snow plowing and grading) of all public streets contained within the subdivision
until the base bituminous, curb and gutter and tapered bituminous around the rim of all manholes
within the public roadway are completed and accepted by the CTl'Y, and DEVEI,OPER hereby agrees
to indemnify and hold the CiTi' hamiless from any and all claims for damages of any nature
whatsoever arising out of the establishment of this plat and the streets within the plat until those streets
have been accepted by the CITY.
5.5 Street Siens. The DEVELOPER shall be financially responsible for the cost of street
identification signs. Street signs shai be in conformance with the names as indicated on the CITY
street naming system. The actua( number and location of signs will be determined and installed by Yhe
CITY.
5.6 Restoration. The DEVELOPER shall clear any soil, earth or debris from the street
Improvements within the subdivision, which is placed thereon as a result of construction on the land
within the addition by the DEVELOPER or its agents, successors or assigns. The DEVELOPER shall
restore any gravel base for the street Improvements if sa3d gravel base is contuninated by mixin$
construction or excavation debris or earth in the gavel base and repair any damage to bituminous
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surfacing and/or concrete curbing of the street Improvements resulting from the authorized or
unauthorized use of consttuction equipment. Completion of the work described in this pazagraph shall
be completed within fifteen (15) days of notice by the CITY to the DEVELOPER that repair or
restoration is required pursuant to this pazagraph.
5.7 Erosion Control. Prior to the commencement of grading, the DEVELOPER shall obtain
and pay for a General Storm Water Pernut for Construction Activity from the Ivfinnesota Pollution
Control Agency and a gading perrnit from the City of Cottage Grove. The DEVELOPER, its
contractors and subcontractors, must perform all grading in accordance with the said Permits. Erosion
control shall comply with the terms of the Pernilts, and the Mnmesota Pollution Control Agency and
Environmental Protection Agency Guidelines for erosion and sediment controt plans.
After the site is rough graded, the DEVELOPER shall provide for erosion control, and provide
necessary erosion control devices that aze reasonably required by the CTTY. The parties recognize
that time is of the essence in controlling erosion. ff the DEVELOPER does not provide erosion
control, the CITY may, after a twenty-four-hour notice take such action as it deems appropriate to
control erosion.
5.8 Sod. The DEVELOPER shall pay for and instafl cultured sod in from the street curb to the
rear wai of the dwelling and major drainage swales as detemuned by the CITY ur the entire
subdivision. Comer lots shatl be sodded to the sideyazd setback. For a lot where the Certificate of
Occupancy is issued between August 1 and May 1 of the following year, compietion of the work
described in this pazagraph shall be completed by the DEVELOPER by the 15th of June; for a lot
where the CertiScate of Occupancy is issued between May 1 and 7uly 31, completion of the work
described in this pazagraph shall be completed by the DEVELOPER by the I Sth day of September.
Notwithstanding anything to the contrary in paragraph 5.8, it is agreed that, in lieu of the
DEVELOPER installing sod an the lot, the DEVELOPER may provide to the lot owners certificates
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which entitle the lot owners to haue the sod delivered to the property at the owner's request for
installation by the lot owner.
5.9 Lot Trees. DEVELOPER agrees to pay the CTT'I' to in�tal( one (1) 1 3/4" caliper
boulevazd tree per lot, except for corner lots which shall have one boulevard uee on each street side of
the property, in accordance with CITY's ordinance specifications. For a lot where the Certificate of
Occupancy is issued between August 1 and May 1 of the following year, completion of the work
described in Uils paragraph shall be completed by the City by the 15th of 7une; for a lot where the
Certificate of Occupancy is issued between May 1 and July 31, completion of the work described in
this paragaph shall be wmpleted by the City by the I Sth day of September.
5.10 The DEVELOPER is responsible to construct a six (6)-foot wide concrete sidewatk
along the west side of 7ohansen Avenue South. The sidewalk must be completed to CITY standards.
The DEVELOPER is responsible to repair any da�uaged sidewalk that may occur during construction.
The CertiScate of Occupancy will not be issued until the sidewalk is completed and any damage
thereto is repaired to CTTY standazds. If the Certifrcate of Occupancy is issued between November 1
and April, and that portion of the sidewalk located on the parcel where the Certificate of Occupancy is
requested, the DEVELOPER must complete the repair before May IS following issuance of the
CertiScate of Occupancy.
5.11 Prohibition on Transfer of Re�onsibilitv. The DEVELOPER shall not transfer or
assign its responsibi(ity to perform the requirements of paragraphs 5.6, 5.7, 5.9 and 5.10 to any
purchaser or builder of home on any lot within the suhdivision.
Notwithstanding anything to the contrary in paragraph 5.11, it is agreed that the
DEVELOPER may transfer its responsib�lity to install sod in accordance with pazagraph 5.8, provided
that the DEVELOPER shatl remain liable for the performance thereof.
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VI. PARK DEDICATION.
6.1 Pazk Dedication. The DEVELOPER agreed to dedicate Outiot A of Sandy F�ills 77
Addition to the CTTY for public park purposes. Oudot A of Sandy F�ills 7"' Addition consists of 7.99
acres of land, thereby exceeding the ten percent (10%) genera( park land dedication requirement for
Sandy I-I'ills 7'" and Sandy I-Tills 8'� Additions combined. Pursuant to the terms of the Sandy I�'ills 7"'
Addition, the CITY agrced to waive the recreation facility charge of One Aundred Fifty and no/100
Dollazs ($I50.00) per lot for the Sandy I-�lls 8'� Addition.
TI • I • • � 1' I
7.1 Occupancp and Access. No occupancy of any building in said plat shall occur until water
and sanitary sewer Improvements aze availab(e for use and Glass V gravel base for streets is in place.
Furthermore, the DEVELOPER shall maintain reasonable access to any occupied house or houses
within said addition, including necessazy street maintenance such as grading and graveling and snow
removal prior to permanent street surfacing and acceptance of said streets by the CITY.
7.2 Other A„ep ncies. It is further agreed by the CITY that if the DEVELOPER requires any
evidence of this Agreement for the purpose of escrow requirements of the Federal Housing
Administration, Veterans Administration, or any other United States Govemmental Agency, the CITY
will furnish all required guazantees to the effect that the listed improvements will be or have been made,
and that the particulaz lot will not be assessed therefore, or if assessed, that all assessments have been
paid if payment therefore has previously been made in the amount of One Hundred Twenty Five
percent (125%) of the estimated assessment for said lot. It is acknowledged that this Agreement does
not apply to sewer availability charges imposed by the Metropoitan Waste Control Corrunissioq and
the CTI'Y will not be required to fumish any guazantees with respect thereto.
73 Weed/Grass Maintenance. DEVELOPER shall not allow or pernvt within the subdivision
any weeds, grass, brush or other rank vegetation 4o a height greater than 8 inches, or permit any
�
accumulation of dead weeds, grass or brush. In the event the DEVELOPER fails to comply with this
provision, the Director of Public Works may give the DEVEI,OPER notice to cut or remove material
in violation of this pazagraph. All costs of cutting or removing incurred by the CITY shall be paid by
the DEVELOPER, or assessed against the Property.
II 1 � ' • I• 1
8.1 Financial Guarantee Requirements. The DEVELOPER shall provide to the CTI'Y cash
and/or a non-exp'ving or automatically renewable 'vrevocable Letter(s) of Credit in a total amount of
Four hundred thirty-seven thousand four hundred ninety-two and 92I100 Dollazs ($437,492.92) to
assure the completion and payment of the £ollowing items:
Petition Items (40% of estimate)
Offsite Improvements (boulevard trees, boulevard sod,
yard sod, street signs and swale sod)( I50% of estimate)
Erosion Control (I50% of estimate)
Street Sweeping (I50 % of estimate)
Sidewalk Repair (25% of estimate)
Grading Comptiance and Lot Pin Corner Certificate
TOTAL
$254,902.17
$124,837.50
$1,500.00
$975.00
$5,278.25
$50,000.00
$437,49292
The financial guazantees shall provide a guarantce of the payrnent of the °'Petition Items°' and
camplerion of "Escrow Items" set forth in E�chibit "B".
�.
The letter of credit must provide that it will be automatically extended at rts expiration date on an
annual basis unless sixry (60) days prior to the expiration date the Director of Community Development
is notified by certified mail that said letter of credit will not be extended and therefore will expire. The
irrevocable Letter(s) of Credit shall be subject to the approval of the CTTY Attomey, prioe to
acceptance by the CTTY.
It is mutually acknowledged that the protection/cleaning existing utilities, erosion control,
street sweeping, street signs, landscaping and private infrastructure constitute One Hundred Fifty
pe�cent (I50%) of the estimated costs, "Petition Items" aze Foriy percent (40%) of the estimated costs,
and the grading compliance and lot pin corner certificate constitute One Hundred percent (100%) of
the estimated costs.
Except as provided in paragraph 5.7, the CTTY may draw upon the Letter(s) of Credit with ten
(10) business da�s notice to the DEVELOPER, if any one or more of the following conditions exist:
a) Nonpayment of the assessments or installments thereof.
b) The DEVELOPER fails to pay CITY invoices for boulevazd trees within thirty
(30) days of the invoice date.
c) The DEVELOPER fails to complete the "Escrow Items" by the deadlines
speciSed in this Agreement.
d) DEVELOPER fails to provide appropriate erosion control pursuant to
pazagraph 5.7.
e) Notwithstanding the time requirements contained in this Agreement for
comptetion of any improvement by the DEVELOPER, if any of the required °'Escrow Items"
are not completed at least Thirty (30) days prior to the expiration of the Letter(s) of Credit, the
CIT'Y is authorized to draw upon the remaicung balance of the L.etter(s) of Credit.
11
After assessments for the pubGc improvements have been paid in full on Sixty percent (60%) of
the lots within the subdivision, the irrevocable Letter(s) of Credit for the "Petition Items" may be
reduced as assessments, or installments thereo� are paid on the remaining lots. The reduction shall be
made two times a year on February 15 and September 15 upon the request of the DEVELOPER
With approval of the CITY, a Letter(s) of Credit (eaccept for amounts posted to guarantee payment of
assessmerts) may be reduced from time to time as work required by tivs Agreement is completed, or
CTTY invoices aze paid for work required to be done by the CTTY, provided that the Letter(s) of
Credit shall not be reduced in an amount (ess than Ten percent (10%) of the Snanciai guarantees for
offsite improvements and erosion control. The irrevocable Letter(s) of Credit shall be reduced upon
certification by the CITY that the items haue been satisfactorily completed and CTI'Y invoices aze paid.
IX. DEFAULT AND REMEDIES.
9.1 Default by DEVELOPER In the event of default by the DEVELOPER as to any of the
work to be perFormed hereunder by itseff, or its heirs, successors, or assigns, the CITI' is hereby
ganted the right to declare the entire sum set forth in this Agreement due and payable in full, with all
real estate taafes due and payable in the year following the breach of any provision of this Agreement,
and the CTTY may immediately bring legal action against the DEVELOPER to collect the sums
covered by this Agreement and/or draw upon the Snancial guazantees posted in conformance with
pazagraph 8.1. The DEVELOPER shail be responsibie £or the payment of the sum set forth in this
Agreement, including any assessments levied.
9.2 Terms of Breach. Breach of any term of this Agreemeni by the DEVELOPER or failure to
comply with the CPTY ordinances, resolutions or the CITY Development Policy shall be grounds for
denial of building or occupancy permits for buildings within the subdivision until such breach is
corrected by the DEVELOPER.
12
9.3 Validi . If any portion, section, subsection, sentence, clause, paragraph or phrase of this
Agreement is for any reason held to be invalid, such decision shall not affect the validity of remaining
portions of the Agreement.
9.4 Rights Cumulative. No remedy conferred in this Agreement is intended to be exclusive and
each shall be cumulative and shall be in addition to every other remedy. The election of any one or
more remedies shall not constitute a waiver of any other remedy.
9.5 Attorne, s Fees. DEVELOPER agrees to pay the CITY its reasonably necessary attorney's fees
and costs, in the event that any suit or action is commenced to enforce the terms of this Development
Agreement or in the event that action is brought upon the Letter(s) of Credit furnished by
DEVELOPER as provided for herein.
9.6 Indemnification. The DEVELOPER agrees to indemnify and hold the CITY hamiless against
any and all liability, loss, daznages, costs and expenses, including reasonable attomey's fees, which the
CITY may hereafter sustain, incur or be required to pay by reason of any negligent act or omission or
intentional act of the DEVELOPER, its agents, officers, emp(oyees, contractors or subcontractors,
which is incurred in connection with or is of any nature whatsoever arising out of the establishment of
the plat, or the installation of the Improvements or work which the DEVELOPER is required to
perform under the terms of this Agreement.
4.'7 Payment of City Costs. tTpon execution of this contract, the DEVELOPER shall pay to
the CIT'Y a deposit in the amount of $2,500.00, to be used by the CITY to pay its out-of-pocket costs
in preparing this contnct. The out-of-pocket costs to be paid shall include, but not be limited to,
attorneys' fees, engineering fees, and other technical or professional assistance, including the work of
the CITY staff and employces. The $2,500.00 shall be credited to the Snal costs that are assessed to
the project.
13
X. MISCELLANEOUS.
10.1 Notices. All notices, certificates or other communications required to be given to the
CTfY and DEVELOPER hereunder shall be sufficiently given and shall be deemed given when
delivered, or when deposited in the United States mail, first class, with postage fully prepaid and
addressed as follows:
If to the CTTI': City of Cottage Grove
D'uector of Community I3evelopment
7516 - 80th Street South
Cottage Grove, MN 55016
If to the DEVELOPER: Klaus P. Becker Construction Co., Inc.
ATTN.: Mr. Klaus Becker
286 Running Spring Drive
Palm Desert, CA 92211
ffto the OWNER: 7ames C. and Helen M. 7ansen
9649 90'� Street South
Cottage Grove, MN. 55016
The CITY, OWNER and the DEVELOPER, by notice given hereunder, may designate
different addresses to which subsequent notice, certificate or other communications will be sent.
10.2 No Third Party Beneficiary. This Agreement and any financial guarantees requ'ved
pursuant to its terms aze not intended for the beneSt of any third party.
10.3 Amendments. Chan�es and Modifications. This Agreement may be amended or any of
its terms modified only by written amendment authorized and executed by the CTTY and the
DEVELOPER.
10.4 Avplicable Law. This Agreement shall be govemed by and construed in accordance
with the laws of the State of rrfinnesota.
10.5 Successors and Assiens. This Agreement shall be binding upon and extend to the heirs,
representatives, assig�s and successors of the parties.
[L�
IN WTTNESS WI-�REOF, the parties have hereunto set the'v hands and seals the day and
year first written above.
Klaus P. B�ker Gonstruction Co., Tnc. a
Minnesota Corporation
By:
Its :
By:
Its:
By:
Its:
Klaus P. Becker
President
James C. Jansen
Fee Owner
Helen M. Jansen
Fee Owner
CITY OF COTTAGE GROVE
�
John D. Denzer
Its: Mayor
Attest:
By
Caron M. Stransky
Its: City Clerk
15
sTA� o� �rrrESOTA >
) ss ACKNOWLEDGMENT BY CTI'Y
COUNTY OF WASHINGTON )
On the _ day of 1998, before me a notazy public within and for said
County, personally appeared 7ohn D. Denzer and Caron M. Stransky to me personally known, each by
me duly sworn, each did say that they aze respectively the Mayor and Clerk of the City of Cottage
Grove, a municipality named in the foregoing instrument and that the seal affixed to said instrument
was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor
and Cierk acknowledged said instrument to be the free act and deed of said municipality.
Notazy Public
STATE OF MII�INESOTA )
COUNTY OF
On this _ day of
) ss DEVELOPER ACKNOWLEDGMENT
)
1998, before me, a notary public within and for said
County, personally appeared Klaus P. Becker to me personally known, by me duly sworn, did say that
he is respective(y the President of Klaus P. Becker Construction Co, Inc, a Nfinnesota corporation and
he did acknowledge and execute the foregoing instrument to be his free act and deed on behalf of said
Corporation.
Notary Public
f[7
STATE OF MINNESOTA)
[�7i] rr=��7�
)�
)
OWNER ACKNOWLEDGMENT
On this _ day of
1998, before me, a notary public within and for said
County, personally appeared James C. and Heten M. 7ansen, husband and wife to me personally
known, each by me duly sworn, did acirnowledge and eacecute said instrument to be their free act and
�.-�
Notary Public
THIS INSTRUMENT DRAFTED BY:
Community Development Department
City of Cottage Grove
'7516 — 80"' Street South
Cottage Grove, MN 55016
17
EXHIBIT A
(Ixgal Description)
Sandy Hills 8 Addition
Outlots B and C of Sandy f�ills Seventh Additioq according to plat thereof on file and of
record in the office of the County Recorder, Washington County, lvTiru�esota.
_. . _ . _ .� . T
SANDY ffiLIS 8� ADDTTION
PETTTION ITEMS
Sanitary Sewer
Water Main
FIouse Services
Storm Sewer
Streets Improvements
Street Seal-Coating
Street Lighting
Street Light Utility Charge
Sidewalks
Sanitary Sewer Area Charge
Waterworks Area Charge
Storm Sewer Area Charge
$84,938.00
$'76,283.00
$54,272.00
$?2,247.00
$203,784.00
$6,586.45
$30,849.00
$4,530.00
$21, I 13.00
$16,466.94
$28,938.50
$37,247.54
Total $637,255.43
100% PETITION FOR IMFROVEMENTS AND WAIVER
OF HEARING, NOTICE AND APPEAL RIGHTS
The undersigned, being the owner of all the real properiy in Washington County, M'imiesota
consisting of the plat of Sandy I�ills 8'" Addition, the legal description of said plat is contained in
Exhibit "A" which is attached hereto and made a part hereof by reference, hereby petitions the City
Council of the City of Cottage Grove, lvfnnesota to undertake without a public hearing under Mi�m.
Chapter 429 or Chapter 444, the following pubGc improvements along and adjacent to the streets, and
public ways as are reflected on the plat:
Petition Items
Sanitary Sewer $84,938.00
Water Main $76,283.00
House Services $54,272.00
Storm Sewer $72,247.00
Streets Improvements $203,784.00
Street Seal-Coating $6,586.45
Street Lighting $30,849.00
Street Light Utility Charge $4,530.00
Sidewalks $21,1 t3.00
Sanitary Sewer Area Chazge $16,466.94
Waterworks Area Charge $28,938.50
Storm Sewer Area Charge $37,247.54
Total
$637,255.43
And to assess the entire cost ther�f against our property abutting said improvements based on
benefits received without regazd to cash valuation.
Waivec. The Qwner hereby waives the requirement of hearings and notice of any hearings for
the installation of said improvements, or improvements installed at the request of the Owner. Owner
further waives objection to any and all defects in the proc.eedings for the ordering of the improvements,
the letting of the contracts for the improvements, and the assessment of the cost of said improvements.
Based on the City's assessment policy and procedures in effect at the time of this Waiver,
Ovmer further waives any objection to the assessment for the said improvements levied by the City
pursuant to Minnesota Statutes, Chapter 429 or Chapter 444, spec�fically incluci�ng the right to appeai
the levy of assessment for the improvements, and further including change orders necessary for the
compietion of the improvements.
DEVELOPER:
� al�l •
.
KLAUS P. BECKER CONSTRUCTION
CO., INC. a Ivfinneosta Corporation
�
Klaus P. Becker
Its : President
�
�
James C. Jansen
Helen M. Jansen
STATE OF MINNIESOTA
CK�IiJ�M�'(�Z�
)
)�
)
DEVELOPER ACKNOWLEDGMENT
On this _ day of 1998, before me, a notary public within and for
said County, personally appeared Klaus P. Becker, President of Klaus P. Becker Construction Co,
Inc, a M'im�esota corporation, on behalf of said corporation, to me personally known, each by me duly
sworn, did say that he is respectively the President of Klaus P. Becker Construction Co., Inc. a
Mnnesota corporation; named herein and he did aclrnowledge and execute said instrument to be his
free act and deed on behalf of said Corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF
On this _ day of
)
) ss
)
OWNER ACKNOWLEDGMENT
1998, before me, a notary public within and for
said County, personally appeared James C. and Helen M. 7ansen, husband and wife to me, each by me
duly sworn, did aclrnowledge and ea�ecute said instrument to be their free act and deed.
Notary Public
I hereby certify that I have examined the above Petition and appropriate real estate records and
find that said Petition is in proper form and is signed by all of the Owners of the property abutting said
improvements.
IN WI'tNESS WHEREOF, I have hereunto set my hand as the Gerk and the seal of the City
of Cottage Grove this day of
Z�:
CTTY OF COTTAGE GROVE
�
Caron M. Suansky
Its: City Clerk
SEAL
EXHIBTT A
��t D�c��e�o�}
Sandy Hills 8�' Addition
Outlots B and C of Sandy F�ills 7"' Additioq according to piat thereof on file and of record in the office
of the County Recorder, Washington County, lvfinnesota.
F:\GROUPS�PLANNINGVSIJBDI VAGR�P&. WshB.doc
f�1:��3� �
.: �t� :�i� � � � �
PETITION TI'EMS
Sanitary Sewer
Water Main
House Services
Storm Sewer
Streets Improvements
Street Seal-Coating
Street Lighting
Street Light Utility Charge
Sidewatks
Sanitary Sewer Area Charge
Waterworks Area Charge
Storm Sewer Area Charge
Total
$84,938.00
$76,283.00
$54,272.00
$72,24'7.00
$203,784.00
$6,586.45
$30,849.00
$4,530.00
$21,113.00
$16,466.94
$28,938.50
$37,247.54
$63'7,255.43
F:�GROUPS�PI.ANNINGVSUBDI V AGR�P& W sh8. doc