HomeMy WebLinkAboutWK June 26, 2002
/ CITY OF ANDOVER
1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.C1.ANDOYER.MN.US
Special City Council Workshop
Wednesday, June 26, 2002
City Hall
Conference Room A & B
1. Call to Order -7:00 p.m.
2. Presentation and Discussion/School District - Community Education
3. "Development Contract" Review - Community Development
4. Other Business
5. Adjournment
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/ INTEROFFICE MEMORANDUM
To: Mayor and Councilmembers
From: Jason M. Angell, Planning Intern
Subject: Comparison of Development Costs
Date: 8/14/01
Cc: John Erar, Dave Carlberg and Scott Erickson
The attached table is a comparison of development costs between the City of Andover and three
other cities. This information was requested by the council at the July 17, 2001, city council
meeting.
The table compares the City of Andover to Blaine's, Eden Prairie's and Ramsey's development
costs. The top portion of the table is a layout of costs per lot, while the bottom portion is the cost
for the entire project.
To calculate the costs of each area I reviewed the Development Fees 2001 Table (submitted at the
July 17th meeting) to see how each city calculated their fees. I then used the numbers from a
project that was constructed in Andover. The numbers that were used were: 70.34 acres
/ (buildable) and 165 lots/units. These numbers were plugged into the equations and divided by
165 to get the cost per unit (assuming that all the lots are the same size).
It should be noted that these numbers are only fees associated with development and not the
actual construction costs of public improvements. The reason construction costs were not
included is due to the fact that the City of Andover is the only city, of the four, that actually
installs the improvements itself. The other three cities all have the contractors install the
improvements. So the cities were unable to provide us with the costs in these areas.
Notes:
1. Areas where a charge does not apply are represented by D.N.A (does not apply).
2. The reason why Ramsey's MWCC sac unit is higher than the rest is because they
charge a $190 handling fee per unit.
3. Andover's "other fees" include: $400 per lot/unit for a trail fee and $850 for the
sketch plan.
4. Ramsey's "other fees" include: $100 application fee
. t,
In looking at the tables I would suggest that we consider adjusting some of our fees. There are a "-
couple of areas that stand out and should be noted for discussion at a later date. These areas
include:
1. Water main area charge
We currently are the lowest city, of the four, when it comes to charging for water
main area. We do not have to become the most expensive but the city of Ramsey is
the closest to us and they are charging almost double of what we charge.
2. Sewer connection
Although we are not the lowest in this category, the cities of Blaine and Eden Prairie
are charging between three and four times as much as we do.
As it currently stands, we are very comparable, or lower in comparison, to other cities in the
metro and may possibly want to consider adjusting the above areas.
If you have any questions or would like additional information please feel free to contact me.
J.M.A
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Comparison of Development Costs (2001)
ANDOVER BLAINE EDEN PRAIRIE RAMSEY
\ ) PER LOT PER LOT PER LOT PER LOT
WATER CONNECTION $1,840 $943.41 $2,190 $1,530.85
WATER MAIN AREA $718.75 $1,590.11 $2,152.83 $1,350
STORM WATER UTILITY D.N.A D.N.A D.N.A $2.27
SEWER CONNECTION $322.00 $943.41 $1,150 $234.04
SANITARY SEWER AREA $503.04 $1,547.48 $2,152.83 $703.40
STROM SEWER AREA D.N.A $2,012.15 D.N.A D.N.A
MWCC SAC UNIT $1,150 $1,150 $1,150 $1,340
PARK DEDICATION $1,700 $1,379 $2,100 $1,300
PRELIMINARY PLAT $12.32 $3.03 $2.12 D.N.A
PLAT ESCROW $90.40 D.N.A $21.21 $5.15
TOPO.MAP $4.69 $8.53 $2.13 $6.39
FINAL PLAT $0.61 $2.42 $45 D.N.A
OTHER FEES $405.15 D.N.A D.N.A $0.61
PUBLIC HEARING SIGNS $0.15 D.N.A $0.15 $0.15
TOTAL $6,747.11 $9,579.54 $10,966.27 $6,472.86
ANDOVER BLAINE EDEN PRAIRIE RAMSEY
ENTIRE PROJ. ENTIRE PROJ. ENTIRE PROJ. ENTIRE PROJ.
WATER CONNECTION $303,600 $155,662.42 $361,350 $252,590.94
WATER MAIN AREA $118,593.24 $262,368.20 $355,217 222,750
STORM WATER UTILITY D.N.A D.N.A D.N.A $375
SEWER CONNECTION $53,130.00 $155,662.42 $189,750 $38,616.66
SANITARY SEWER AREA $83,001.20 $255,334.20 $355,217 $116,061
STORM SEWER AREA D.N.A $332,004.80 D.N.A D.N.A
MWCC SAC UNIT $189,750 $189,750 $189,750 $221,100
PARK DEDICATION $280,500 $227,535 $346,500 $214,500
PRELIMINARY PLAT $2,033.50 $500 $350 D.N.A
PLAT ESCROW $14,916.60 D.N.A $3,500 $850
TOPO.MAP $773.74 $1,406.80 $351.70 $1,055.10
FINAL PLAT $100 $400 $7,425 D.N.A
OTHER FEES $66,850 D.N.A D.N.A $100
PUBLIC HEARING SIGNS $25 D.N.A $25 $25
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TOTAL $1,113,273.20 $1,580,623.80 $1,809,435.50 $1,068,023.70
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"
.J Policy FM: USE AND RENTAL OF SCHOOL FACILITIES
I. Philosophy
\ The facilities of the Anoka-Hennepin School District shall be available for community use under
/
conditions prescribed or permitted.by law and in accordance with adopted policies, rules and
regulations of the School Board.
n. Usage Guidelines
1) The Superintendent shall be authorized to grant the use of school facilities and to establish the
conditions under which they shall be used. The Superintendent may reject any application or
resCind any agreement for use of Anoka-Hennepin School District facilities when the activity
is inconsistent with the educational goals and cultural interest of the community or when the
activity is likely to damage school facilities.
2) Organizations using school faCilities agree that they do not illegally discriminate on the basis
of sex, race, color, national origin, age, religion or disability.
3) All Anoka-Hennepin facilities, grounds and vehicles are to be tobacco free.
4) There will be no gambling, use of alcohol or drugs on school property.
5) Users of school facilities may be required to provide evidence ofliability insurance coverage.
6) Applicants granted.usage of school facilities are responsible for all damages.
7) The School Board shall establish fees for the use school facilities. Payment of fees may be
required in advance of the activity.
m. Scheduling Priorities
In all cases, Anoka-Hennepin School District activities and functions will have priority, If a
conflict occurs, every effort will be made to find an alternate school facility for community
groups.
In all cases groups defined as local will be: I) those whose physical facilities are within school
district boundaries or 2) the individuals using the facility will be primarily comprised of school
district residents (90%).
Scheduling Priority
A) Anoka-Hennepin School District activities and functions.
Includes all concerts, sporting events, board meetings, community education, elections (all
public elections) and special hearings.
B) Government org-anizations
Local city, county and government entities operating within the School District 11 boundaries.
C) Civic organizations or non-profits
Local non-profit organizations serving youth: this includes groups such as 4-H, youth athletic
organizations, Boy Scouts, Brownies, Booster Clubs etc. who have as a primary purpose ..;~~i
serving students of the Anoka- Hennepin School District.
D) Civic org-anizations. non-profits and religious org-anizations
Local non-profit organizations serving adults and religious organizations conducting religious
activities on school property.
E) Non-profit organizations charging fees or g-enerating revenue ...
Includes amateur or youth sports organizations conducting invitational tournaments.
F) Commercial groups
Includes colleges and universities offering courses in Anoka-Hennepin facilities
/
,I IV. . Usage Fees
1) Indoor Facility Rates: All rates listed are hourly rates. The outdoor athletic fields will be
charged on a per player basis for the season. Letters at the top of the column correspond to the
scheduling priorities. Groups may be responsible for additional costs such as custodial
I services, supervision and damages.
Wi;;;;;;; i ;~;FH;<;;@;:;:;;;;i:i.!!iii;i;ii;i;;II;; ;Xig' ",., ;;;;~ .""TM iE::t
Elementary/Middle School Gyms (each court) $8 $15 $20
High School Gyms (each court) $10 $20 $30
Middle School Auditorium $10 $20 $30
High School Fieldhouse $40 $80 $120
High School Auditorium $20 $40 $60
Concession Stand $10 $20 $30
Classroom . $5 $10 $20
IMC $5 $10 $30
Elementary Cafe $5 $10 $30
Middle School Cafe $10 $15 $40
High School Cafe $10 $15 $50
Kitchen $20 $30 $40
Computer Lab $30 $40 $60
2) Pool Rates: Pools that are open to conduct District activities will be available for rental on an
hourly basis to community organizations. Pools that have been closed by School Board action
may be available to groups for their usage but at a daily rate. Groups may be asked to
guarantee a number of days to insure District costs are met by the rental fee.
\
/
Swirnmin $40 $50
Swirnmin $600 $700
3) Outdoor Facility Rates: The outdoor atWetic fields will be charged on a per player basis for
the season. Letters at the top of the column correspond to the scheduling priorities. Groups
may be responsible for additional costs such as custodial services, supervision and damages.
$15 $20
$20 $30
$20 $30
$20 $30
4) Personnel Rates: Groups using Anoka-Hennepin facilities may be responsible for additional
staff charges resulting from their use. All rates are per hour. Additional rates of pay may
apply depending the needs of the user group and the personnel required.
..
$27
$25
/ $12
$10
j
Memo
Date: June 24, 2002
To: Mr. John Erar, Andover City Administrator
From: Mr. Steve Kerr, Community Education Manager
Re: 2001/02 City of Andover Community Schools Annual Report Overview
Thank you for your continued support of community education. We in community education are
dedicated to lifelong learning, involving people and improving communities. Our philosophy is to
utilize school and community resources to provide opportunities for lifelong learning, recreation
and positive growth for individuals, families and communities.
This annual report provides an overview of the program, which is the result of the support of the
City of Andover, its residents and the Anoka-Hennepin School District Community Education
Department. This program includes youth activities, facility use and staff time at the Andover
elementary and middle schools. The statistical and descriptive summaries, which follow, are
summaries of more detailed annual reports.
Statistical Summary:
\ : Y~)utfuAdiy,it"es ,'.~,' 'Facility Use,
, I , :
Site Offered Participants Participants
Andover Elementary 145 3,046 44,425
Crooked Lake Elementary 146 2,110 4,271
Rum River Elementary 62 294 519*
Oak View Middle School 117 9,144 71,224
Totals 470 14,594 120,439
*N 0 use in the fall, 2001
Descriptive Summary: This program includes a variety of arts, skills, enrichment, recreational
and general interest classes and activities for preschoolers through teens and many special events
and activities. Facility use includes tournaments, community athletic practices, civic groups,
trainings, special community events, and many other activities.
If you require more detailed information or have questions, please do not hesitate to contact me at
the above address. Working together is the key to success for providing programs and services for
our communities and we appreciate your support and look forward to another year of a positive and
rewarding partnership as we serve the Andover community.
J
ANNUAL REPORT'
. ., ..> ,. .: ..: ..,' - .... -" ^
2001.02
A11bover~ Crook~b lak~~ Rum Rjv~
a11b Oak View CommU11it\i Schools
/
Community Education Mission and Philosophy
We in Community Education are dedicated to lifelong learning,
involving people and improving communities.
Our philosophy is to utilize school and community resources
to provide opportunities for life long learning, recreation and
positive growth for individuals, families and communities.
.~ S~01\Soted. b~
The City of Andover
Anoka Hennepin School District 11
and Residents of Andover
. Highlights of Community Education
2001-2002
, Au~ust
, J - Andover, Crooked Lake, and Oak: View welcomed students back to school with Open Houses at
each site. Attendance was overwhelming!!
- The newly formed Andover Boys Traveling Basketball Association held try-outs at Oak View,
September
- Facility use requests poured in at each site.
- Parent/Child and preschool classes started with great enrollment numbers.
- Youth brochures went home with the elementary students. Class offerings included: Candy Machine,
Seasonal Napkin Holder, Sidney Scare Crow, Kitty Feeder and "Clean The Cupboard". Holiday
Specials were, Boo Ghost, Glowie the Pumpkin, Wooden Pumpkin, Gobble Candle Holders, Clay
Pot Witch, Howl-O- Ween Fun, Black Cat With Glowing Pumpkin, Pumpkin Twins and Turkey-De-
Lite. Sports and recreation classes included: Hag Football, Archery, Archery Partners, Moving And
Grooving and floor Hockey Fun, Special Interest Classes were: Computer Club, Cribbage, Domino
Fun, French-Beginning Language And Culture and I'm Taking Care.
- Crooked Lake and Andover held their first movie of the year. The movie was "Recess: School's
Out".
- Oak View fall athletics kicked in with great participation in football, volleyball, tennis, flag football
and more. Our annual parent/teen golf tournament was held at Woodland Creek.
October
- Held a "Welcome Back" roller-skating party at Cheapskate for elementary students,
- Andover Athletics started their girl's basketball season.
- Andover Lions hosted their annual Halloween Party at Andover Elementary.
'\ - Community School hosted Family Swims at Oak View Middle School.
J - Community School hosted Family Roller-Skating Nights at Cheapskate.
- Adult Aerobics and Walking Club began at Crooked Lake and Oak: View. In addition, a full adult
program from hobbies to business was offered in Andover. Most class offerings were held at Oak:
View.
- Oak View hosted a "Proud to be an American" activity night to raise money for the victims of 911.
It was one of our most successful activity nights. Students dressed in red, white and blue and all
activities revolved around the American theme.
- Oak View held auditions for our fall play, Tom Sawyer.
- Oak View sponsored a trip to Spooky World for middle school students. A new chess club and table
tennis class started as well.
- Began offering classes at Rum River.
November
- Pack 609 held their big Cake Raffle in November at Andover Elementary.
- Nacho Night was held on Tuesday, November 13th at Andover. We had 625 parents and children
attend.
- The month of November was the beginning of the holiday season. Many holiday craft classes were
taken by students looking for something special to do. The holiday craft classes are always a
favorite with the students. Two Archery classes were also offered-one for youth and one for parent
and child
- We held a teen trip to 3'" Lair Skate Park in Mpls.
- Student Senate and Community Education at Oak View hosted the annual fall activity night Over
650 students attended.
J - Cheerleading and Dance Team began with over 65 students registering. Winter athletics started as
well.
- A first-time field trip, "Extreme Bowling" was offered to the teens.
, December
- Holiday Classes were underway with high enrollment. Some craft favorites were -Poofy Little
Reindeer, Lighted Snowman, Holiday Ornaments and String of Lights. Other classes that were
'\ popular in December included: Chess Club wrrournament, Floor Hockey Fun and Volleyball Team.
J . APTCO sponsored their annual Santa Brunch on Saturday, December 1st with approx. 700 children
and parents attending.
- AAA held their girl's end-of-the-season tournament at Andover and Oak View,
- The movie "Cats & Dogs" was shown with almost 300 students attending the 2 elementary sites,
- The preschool class Northpole Workshop was offered at Crooked Lake and the class filled quickly!
Preschool children and their parents were able to spend time together making a variety of holiday
ornaments.
- The I'm Taking Care Babysitting class was held and filled at Crooked Lake. Because of the need for
this type of class, it will be necessary to offer it again in the spring.
- Oak: View was finally able to offer their first ski trip late in the month (no snow before then),
- Oak: View students sponsored families in the Adopt a Family program. The student senate
sponsored an Oak View family who had recently had a house fire.
- The Andover Sno-Dragons sponsored 2 snowmobile safety classes at Oak View. This is a great
service to the community and is always well attended,
- Rum River held a toy sale and used the profits to buy "Toys for Tots".
January
- Nacho Nights was held January 18th at Andover with 723 parents and children attending.
- Facility Use for the new year is poured in. Use of all buildings continues to grow.
- We started the winter program with lifht craft classes and special interest classes. Sports classes
were Basketball Basics (had to add 2" session), Basketball Warm-up and Volleyball Team. The
balance of Winter Program will be starting in February,
- Andover AtWetics started their boy's basketball season,
, - The movie "Spy Kids" was shown at the elementary schools.
- Facility use began at Rum River. Gyms were finally complete and ready to be used. Many
volleyball, basketball and soccer groups made use of the new facility.
- Specialty classes such as Sign Language, Story Time Theater and Spanish became good learning
opportunities for students.
- January marks the beginning of Volleyball season at Crooked Lake, Some 80 - 4th and Sl' grade
students registered for Volleyball.
- Due to the interest in Piano Lessons an instructor was hired at Crooked Lake and students registered
for hour lessons, one day per week.
- A family Special Education Enrichment evening at Cheap Skate Roller Rink was held with 50 in
attendance.
- A full slate of new adult classes was advertised in the Adult Winter/Spring Catalog. Adults enjoyed
dance classes, cooking, personal enrichment and more at Oak: View.
- Oak View dance team and cheerleaders participated in an all-district performance at Fred Moore
Middle School.
- Ski Trips were held each Friday and on non-school days. Afton Alps, Wild Mountain and Spirit
Mountain were all popular outings.
- Oak View hosted the District Middle School Wrestling Tournament.
- Oak View school is the site for annual Cub Scout Pine Wood Derbys.
Februat:}'
- Community School hosted Family Roller-skating and Swim Nights
- Craft classes were a hit this winter. Some of the craft classes offered were: Puppy Love, People
Feeder, Stars and Stripes, Ceramic Piggy Bank, Bunny Delight and many more. Sports as usual were
a big success, especially for the younger grades. Two classes that were a big success for our students
in grades 3-5 were the Study Buddies and Babysitting Preparation Class. Both classes filled with
waiting lists taken.
. Preschool classes filled with waiting lists on almost all classes. Some of the classes offered were
-
Tiny Tot Dance & Tumbleweeds.
- Oak View hosted their annual Valentine Activity night. Great participation by the teens!!
, - The Cub Scout Pack sponsored their Pinewood Derby Race and the Andover Lion's held their
I annual Family Skate at the Crooked Lake ice rink.
- Another Special Education Program was offered at Northdale Pool but was cancelled due to lack of
interest.
- Winter II sports begin with gymnastics and girls basketball.
March
- Andover held their annual "Read Across America" on Friday, March lot, We had many guest readers
participate in this event. Some of the readers involved this year were: the Mayor, Council Members,
the Fire Chief, Sheriff, School Officials, and many Community Members.
- Andover Invitational Volleyball Tournament was held at Oak View Middle School on March 2nd.
We hosted 23 teams. The tournament was a great success and enjoyed by all.
- The fifth grade spring concerts were held at Andover.
- AAA held their boy's end-of-the-season playoffs/tournament.
- Andover Elementary hosted its second annual Chess Tournament. We had 95 students from 6
schools participate in the tournament.
- Andover and Crooked Lake sent a team of 3-5 grade students to the Floor Hockey Tournament
hosted by the Blaine Cluster. Students and parents had a great time over at Roosevelt Middle School.
- The final Nacho Nights was cancelled due to our great Minnesota weather!
- The movie "Monsters Inc." was shown at Crooked Lake and Andover,
- Special Ed. Families had a chance to go to the Target Center for Disney On Ice, "Toy Story II". In
all we had 55 enjoy an evening out where they didn't have to worry about transportation or the
purchase of tickets. We were able to offer this outing for just the cost of the ticket to the Target
Center. Everyone had a great time,
I - At the end of March Crooked Lake presented its Arts and Academics Fair and the annual Gourmet
Hot Dog Dinner. Community School and the Cub Scouts organized the Hot Dog Dinner. This year
we served close to 800 adults and children.
- It was Carnival time at Crooked Lake with their annual fund-raiser.
- Oak View held a parent's night for gymnastics. The girls were all proud to perform for their
families.
- Oak View sponsored a staff vs student basketball game. It was an exciting game with the students
only loosing by 1 point!!
- Soccer referee clinics were held at Oak View.
Aw:il
- Began the spring program by showing the movie "Harry Potter" at Andover and Crooked Lake.
- Spring classes have been lower this spring than in the past especially in the area of sports and
recreation. This was due in part to the great job that the Andover Athletic Association does with the
wide variety of programs run through their evening program. Some of the more popular classes
were: K-2 Soccer Fun, Creative Book Making, Puppy Love, Kitty Love and Sunshine Bunny.
- Kindergarten registration was held.
- Second grade held their Author's Tea for parents and family on Aprill9tb at Andover.
- A new class was offered for spring to see if it would bring excitement at Crooked Lake. Kishindo
Karate was filled with 17 students. We will offer this again in the fall.
- The Andover Lion's held their annual Breakfast at Crooked Lake with a large turn out.
- All Girl Scout, Brownie and Daisy Troop's participated in the Awards Night on the 24tb of April
with approximately 350 people attending at Crooked Lake.
- Spring sports kicked in at Oak View. Over 110 students registered for track alone!!
- Two Firearm Safety classes were held at Oak View. We registered 100 students per class.
.
~
- Volunteer Tea and Staff Appreciations were held.
r " Summer registration started for classes that are to be held at Andover Elementary this summer.
-
Classes are due to start on June 17tlt. Besides the Community School component, there will be five
other programs running. They are Targeted Services, Extended School Year, English As A Second
Language, Adventures Plus and a new program for the children of migrate workers.
- A first time teen program will be offered at Oak View this summer. Flyers were delivered to all
middle schools and Stlt grade students in the District. Offerings include weight training, golf, field
trips, dance, cheerleading,3 on 3 basketball, open gym and more.
- Fifth grade end of year party was held at Andover on May 30th. We had approximately 245 students
attend.
- A Stlt Grade Welcome Party was held at Oak: View. 350 students attended. Tours of the school were
given and students participated in open gym and swim, a d.j. dance, karaoke and more,
- Parent/Child, Preschool and Youth classes wrapped up for the year at the elementary sites.
- The school's Track and Field Days were held at the end of May. This is always a favorite day for
the students.
- The Middle School District Track meet was held at Champlin Park High School. Over 500 students
participated in this event.
- The Middle School District Tennis meet was held at Blaine High School.
- Oak View hosted meetings for many of the new Andover High School Athletic team meetings,
~
- Summer Youth and Teen Programs begin.
- Oak: View is sponsored a trip to Valleyfair on June 12tlt. 189 students registered.
- Andover Boys Traveling Basketball hosted a tourname.nt at Oak View,
/
CITY OF ANDOVER
1685 CROSSTOWN BOULEY ARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOYER.MN.US
TO: M,yo, ond coun"lm'm"'~
CC: John Erar, City Administrat
FROM: Will Neumeister, Director of Community Development (~
SUBJECT: Development Contract (Draft for review at June 26, 2002 Special City Council Meeting)
DATE: June 26, 2002
INTRODUCTION
A City Council Goal for 2002 is considering revisions to the development contract (see attached
documents). The Planning Commission reviewed the proposed changes in the revised contract
document. Minutes of the Planning Commission meeting are attached. This report summarizes the
changes in the proposed development contract that will be discussed at the Special City Council Meeting
on June 26, 2002, following discussions with the School District.
DISCUSSION
Staff has reviewed the current document and found that there are small changes needed in the document
to allow for the City to assure that new commercial and residential developments comply with the City's
development codes (i.e. zoning and subdivision regulations). Suggested changes are the product of
review and discussion by all City departments involved in the land development process. Proposed
changes would help strengthen existing provisions, protect and preserve the City's short and long-term
liability position and introduce new language to address changing land development dynamics. Items
proposed for revision are highlighted with underlining or strikeouts.
A summary of the notable changes include the following points:
City Installed Improvements
. Eliminate the option of performance bonds
. The developer shall do all site grading including the front 100 feet of the lots (unless
otherwise determined and approved by City Engineer).
. Replace "sufficient arable soil" with "black organic dirt/soil (shall contain no more than
35% sand)".
. Replace "remove all dead and diseased trees" with "remove and/or treat all dead or diseased
trees as determined by City Tree Inspector".
. Add where necessary: "Performance shall be guaranteed by the financial guarantee recited
herein. [The City reserves the right to perform such work as necessary and assess all cost to
the developer]."
/ . Add cable television to the list of Developer installed utilities.
. The Irrevocable Letter of Credit shall be automatically renewed or replaced by not later than
thirty (30) days prior to its expiration.
. Increase cash escrow or letter of credit, from fifteen (15%) percent to one hundred twenty-
five (125%) percent, of the total estimated cost.
. Reduce the number of annual installments from ten (10) to eight (8) on the unpaid
installments.
. No building permit will be allowed to be issued unless the drainage improvements serving
the development (i.e ponds, outlet structures and overflow pipes) shall be completed
according to the City approved plan.
. No Certificate of Occupancy permit shall be issued for any house in the plat until the street
asphalt surface, sanitary sewer, storm sewer and water main, has been constructed and
approved by the City Engineer.
Developer Installed Improvements
. Removing the option of allowing developers to post performance bonds to financially secure
public improvement costs. This minimizes procedural issues or conflicts the City may have
should it need to exercise its rights under a default situation.
. Replace "sufficient arable soil" with "black organic dirt/soil (shall contain no more than 35%
sand)" .
. Replace "remove all dead and diseased trees" with "remove and/or treat all dead or diseased
trees as determined by City Tree Inspector".
. Add where necessary: "Performance shall be guaranteed by the financial guarantee recited
herein. [The City reserves th~ right to perform such work as necessary and assess all cost to
the developer]."
. Add cable television to the list of Developer installed utilities.
. No building permit will be allowed to be issued unless the drainage improvements serving
the development (i.e ponds, outlet structures and overflow pipes) shall be completed
according to the City approved plan.
. No Certificate of Occupancy permit shall be issued for any house in the plat until the street
asphalt surface, sanitary sewer, storm sewer and water main, has been constructed and
approved by the City Engineer.
ACTION REOUESTED
Staff requests Council review the proposed "Development Contract" documents and ordinance changes
and make recommendations.
Respectfully submitted,
/tit!! /!~4
Will Neumeister
Attachments
Development Contract (Developer installed improvements)
Development Contract (City installed improvements)
Ordinance Amendment
/ Planning Commission Minutes (unapproved)
-2-
Development Contract Comparisons
City Improvements Percent of estimated
preferably installed by: construction costs
held in escrow.
City DeveloDer
Andover X 15%1 I 150% 2
IAnoka X 125%3
Coon Rapids X 100%
Ham Lake X 100%
Lino Lakes X 100%4
Ramsey X 150%
I The City of Andover currently requires developers to provide a 15% financial surety for
City installed improvements.
2 The City currently requires that developer installed improvements be secured by a
financial surety equal to 150% of the construction costs.
3 For redevelopment projects, Anoka reimburses developer for public improvements
made which do not directly benefit the development.
4 Lino Lakes does install Boulevard trees, billing the developer a set amount per lot. The
city does not have the capabilities to install utilities.
/
-3-
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. -
AN ORDINANCE AMENDING ORDINANCE 10, ESTABLISHING THE DEVELOPMENT
CONTRACT AND LEVEL OF FINANCIAL SURETY REQUIRED TO GUARANTEE
COMPLETION OF WORK.
THE COUNCIL OF THE CITY OF ANDOVER ORDAINS:
Ordinance 10, An Ordinance establishing the City Council as the platting authority of the City,
establishing regulations and procedures for the subdivision and platting ofland within the City,
and providing penalties for the violation of this ordinance of the City of Andover, is hereby
amended as follows:
(Strike out indicates words to be deleted, underlining represents words to be added.)
10.02 Develovment Contract. Prior to the installation of any required improvements and
prior to approval of the final plat, the subdivider shall enter into a contract with the City which
contract shall require the subdivider to construct said improvements at the sole expense of the
subdivider and in accordance with approved construction plans and specifications and all
. applicable standards and Ordinances. Said contract shall provide for the supervision of
construction by the Engineer; and said contract shall require that the City be reimbursed for all
costs incurred by the City for Engineering and legal fees and other expenses in connection with
the making of such improvements. The performance of said contract shall be financially secured
by a cash escrow deposit or irrevocable letter of credit performance bond as hereinafter set forth.
(lOX, 6-6-95)
10.03 Financial Security. The development contract shall require the subdivider to make a
cash escrow deposit or in lieu thereof to furnish a performanee bond Letter of Credit in the
following amounts and upon the following conditions: (lOX, 6-6-95)
A. Escrow Deposit. The subdivder shall deposit with the Treasurer a cash amount
equal to one hundred fifty (150%) percent of the total cost of such improvements as
estimated by the Engineer, including the estimated expenses of the City for engineering
and legal fees and other expenses incurred by the City in connection with the making of
such improvements.(lOA, 9-10-74)
B. PerfarmRRee Band Letter of Credit. In lieu of a cash escrow deposit, the
subdivider may furnish an Irrevocable Letter of Credit performance bond, with a
corporate surety satisfactory to the City in a sum equal to one hundred fifty (150%)
percent of the total cost of such improvements as estimated by the Engineer, including the
estimated expense of the City for engineering and legal fees and other expenses incurred
by the City in connection with the making of such improvements. (lOA, 9-10-74)
-/f-
C. Conditions. The development contract shall provide for a completion date on
which all of the required improvements shall be fully installed, completed and accepted
by the City. The completion date shall be determined by the Council after consultation
with the engineer and the subdivider, and shall be reasonable in relation to the
construction to be performed, the seasons of the year and proper correlation with
construction activities in the subdivision. The development contract shall provide that in
the event the required improvements are not completed within the time allotted, the City
shall be allowed to exercise its power to recover on the performance bond Letter of Credit
or utilize the escrow deposit to complete the remaining construction to City standards and
specifications. In the event the amount of funds recovered is insufficient to cover the
cost of construction, the Council may assess the remaining cost to the lands within the
subdivision. (lOX, 6-6-95)
Adopted by the City Council of the City of Andover on this _ day of 2002.
CITY OF ANDOVER
ATTEST: Michael R. Garilache, Mayor
Victoria V olk, City Clerk
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Regular Andover Planning and Zoning Commission Meeting
Minutes -June 11, 2002
Page 8
Commissioner Hedin questioned if it's correct that they aren't requesting to rezone the
property and the property is over 2.5 acres. Mr. McKay stated that that is correct.
Commissioner Greenwald questioned how he would go about fighting this request ifhe
were opposed to it.
Mr. Neumeister stated that the process is that the residents are encouraged to come to the
public hearings, and ifthey can't make it, it's recommended they write a letter. The
Commission and Council then can take the residents opinions and concerns into
consideration.
Commissioner Greenwald mentioned that he doesn't have the knowledge to answer the
aquatic concerns of Mr. Meyer. Mr. Neumeister stated that these issues are beyond the
City's control.
Commissioner Hedin mentioned that if the lot split were to go through, the property lines .
will match up to the two lots on the opposite side of the street, therefore it isn't out of
character.
Commissioner Daninger stated that he supports the request.
Motion by Kirchoff, seconded by Daninger, to recommend to the City Council approval
of Resolution No. _, Approving the Lot Split Request for James M. Szykulski to
Subdivide Property into two Rural Residential Lots for Property Located at 18015 Round
Lake Boulevard NW, subject to the conditions as stated in the Resolution. Motion
carried on a 6-ayes, O-nays, I-absent (Falk) vote.
Mr. Bednarz stated that this item would go before the City Council at the July 2, 2002
City Council meeting.
. 8. PUBLIC HEARING: TO CONSIDER AMENDMENTS TO ORDINANCE 10-
(SUBDIVISION ORDINANCE). THE CHANGES WOULD INCLUDE
REVISIONS TO DEFINITIONS, AND SECTIONS 10.02 AND 10.03. THIS
ORDINANCE AMENDMENT WOULD BE CITYWIDE.
Mr. Neumeister summarized the staff report.
Commissioner Greenwald questioned if the City has ever gone after someone with a
performance bond. He also questioned the reasoning behind the 150%. Mr. Neumeister
explained that the 150% has been in the contract for years. He explained the reasoning
behind it.
Commissioner Greenwald questioned if 150% is common in other cities. Mr. Neumeister
stated that 150% is typical in other cities.
I
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Regular Andover Planning and Zoning Commission Meeting
Minutes-June 11,2002
Page 9
/ Commissioner Greenwald questioned the reason behind the last bullet point on the first
page of the staff report. He questioned the reason for the increase from 15% to 125%.
Mr. Neumeister explained that the money is a guarantee for the connections to utilities,
driveways, etc. He stated that if it's only 15%, the City could run into trouble if the
issues aren't completed by the developer.
Commissioner Greenwald questioned the reason it would fall back on the City and not
the homeowners. Mr. Neumeister explained that the reason it falls back on the City is
because it's part of the plat requirement.
Commissioner Greenwald questioned what would happen if there were 1,000 lots
developed by the year 2010. Mr. Neumeister stated that he's unsure of how it's been
done in Andover, however he explained how it's been done in cities where he's
previously worked.
Commissioner Greenwald stated that he feels the 125% is too high. He mentioned that
the City has other ways to protect themselves.
Commissioner Greenwald questioned how many lots could be developed in the City. Mr.
Bednarz stated that within the current 2020 MUSA line there could be 1,500 to 1,700
lots.
, Chair Squires questioned if the development escrow rates are all compared equally
I between the four cities listed in the staff report.
Chair Squires questioned if most of the things on the bottom of page 7 and top of page 8
could be assessed against the property. Mr. Neumeister stated yes.
Chair Squires questioned the reason there needs to be a 125%. He stated that he can
understand the 150% on the developer-installed improvements.
Commissioner Kirchoff stated that it wouldn't be fair to the property owner to be
assessed at the time of closing. Chair Squires agreed.
Mr. Neumeister explained that the City needs some protection in case the economy were
to drop and there were a number of developments going in. He mentioned that the City is
financially responsible for the bond payments that come due.
Chair Squires mentioned that if the economy drops substantially and it was tax forfeited,
the taxpayers would end up funding it.
Mr. Neumeister mentioned that the City Council feels 50% is more appropriate.
\,
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 11, 2002
Page 10
Commissioner Hedin questioned if the City has received any feedback from smaller
developers to find out if this is the reason they aren't developing. Mr. Neumeister stated
that staff hasn't heard from any small developers.
Commissioner Kirchoff suggested maybe changing it to 50% now and possibly
increasing it later.
Commissioner Daninger questioned if there would even be a change if the Commission
recommended one, since the goal setting group is recommending 50%.
Chair Squires stated that to him it's more acceptable to potentially shut out smaller
developers by raising the escrow than to have the project go bad and the taxpayers pay
the price. Commissioner Gamache agreed.
Commissioner Hedin mentioned that if a smaller developer is cutting things that close,
then the City may not want them taking the chance anyway. He agreed with having the
percentage set higher.
Chair Squires stated that it would be worth while to make sure the Commission is
comparing apples to apples when looking at the Development Contract Comparisons
Chart that's included in the staff report.
Commissioner Greenwald stated that it seems there are a lot of inconsistencies.
/ Commissioner Kirchoff questioned if the developers are responsible for putting in the
improvements, then why would anything be necessary. He mentioned that he appreciates
the words "sod or seed" in the ordinance.
Motion by Greenwald, seconded by Hedin, to open the public hearing at 8:38 p.m.
Motion carried on a 6-ayes, O-nays, I-absent (Falk) vote.
Rosella Stanseby, 4151 14151 Avenue NW, mentioned that she hasn't even seen a copy of
the changes; therefore she can't make a decision regarding the proposed changes. She
mentioned that there haven't been any problems in the past, therefore why is the City
making the change. She stated that the only problems are all the technical changes the
City makes without informing the residents. She stated that she objects to the changes.
Mr. Neumeister stated that there is a public copy in the entryway of the City Hall.
There was no further public input.
Motion by Greenwald, seconded by Gamache, to close the public hearing at 8:40 p.m.
Motion carried on a 6-ayes, O-nays, I-absent (Falk) vote.
/
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 11, 2002
Page 11
Mr. Neumeister stated that the Council wants to know the Commission has heard the
changes and agrees with them in concept.
Commissioner Greenwald stated that he would like to see a comparison chart including
the cities that surround Andover. He requested there be an explanation if there is a
difference between the cities.
Chair Squires questioned ifit would be possible to get a copy of the developer's
agreements from the surrounding cities.
Commissioner Greenwald stated that he agrees with Ms. Sonsteby.
Mr. Neumeister stated that he would get copies of the developer's agreements from
surrounding cities.
Commissioner Greenwald mentioned that this could add staff since every time something
is added to an ordinance someone needs to make sure they are being met. Mr. Bednarz
stated that this should save time at the stafflevel.
Commissioner Daninger questioned if cable is the City's choice for communications
instead of satellite. Mr. Bednarz explained that cable is an improvement that's put in
citywide, however if a homeowner chooses satellite instead they would be responsible for
those costs.
Commissioner Kirchoff agreed that it might be good to look at it again.
Commissioner Gamache questioned if the agreement needs to be nailed down 100%, or is
the Commission just suppose to agree with it in concept.
Commissioner Hedin stated that he's comfortable with 125% ofthe escrow, furthermore
he agreed with the agreement in concept. He stated that he doesn't see any reason to look
at the agreement at a future meeting.
Commissioner Gamache stated that he agrees with the agreement in concept.
Mr. Neumeister agreed that the development contract comparisons chart is difficult to
read. He agreed to make clarifications on the chart and obtain developer's agreements
from other cities.
Commissioner Greenwald mentioned that the Commission is an advisory board. He
suggested it be reviewed in two weeks.
Chair Squires suggested the information be gathered and further clarified by staff. He
suggested staff provide the information for the Commissioners in the next meeting packet
for their review.
)
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Regular Andover Planning and Zoning Commission Meeting
Minutes - June 11, 2002
Pagel2
Commissioner Daninger agreed to see a summary provided by staff. Commissioner
Greenwald agreed.
Chair Squires questioned who from the Commission is in support of the 125% as
recommended by staff. The majority of the Commission agreed with the 125%.
Commissioner Gamache mentioned that the City is asking the developer to be responsible
for streets, utilities, etc. and if they don't comply, the City has the escrow to leverage the
developer to complete the work.
Chair Squires mentioned that the consensus is for the item to move on and for staff to
provide an update in the packet for the next Planning Commission meeting.
Chair Squires mentioned that he would also like to see a copy of the developer's
agreements from the surrounding cities.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
Motion by Daninger, seconded by Gamache, to adjourn the meeting at 8:56 p.m. Motion
carried on 6-ayes, O-nays, I-absent (Falk) vote.
Respectfully Submitted,
Sara Beck, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
j
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(June 21, 2002 Draft)
"Proposed" DEVELOPMENT CONTRACT
,
(City Installed Improvements)
(Note: Underlining is new language, strike out is language to be removed)
THIS AGREEMENT made this _ day of , 2002 WG+, is by
and between the City of Andover, whose address is 1685 Crosstown Boulevard NW,
Andover, Minnesota 55304, a municipal corporation organized under the laws of the
State of Minnesota, hereinafter referred to as the "City", and , whose
address is , hereinafter referred to as the "Developer".
WHEREAS, the Developer has received approval from the City Council for a
proposed plat of land within the corporate limits of the City to be known as
; and
WHEREAS, the Developer has requested that the City construct and finance
certain improvements to serve the plat; and
WHEREAS, the Developer is to be responsible for the installation and financing
of certain private improvements within the plat; and
WHEREAS, said City Subdivision Ordinance and Minnesota Statute 462.358
authorized the City to enter into a Development performance Contract secured by
letter of credit. or a bond, cash escrow or other security to guarantee completion and
payment of such improvements following final approval and recording of final plat;
and
WHEREAS, Minnesota Statute 429 provides a method for assessing the cost
of City installed improvements to the benefited property.
1
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NOW, THEREFORE, in consideration of the mutual promises of the parties
made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
1. DESIGNATION OF IMPROVEMENTS. Improvements to be installed at
the Developer's expense by the Developer as hereinafter provided are hereinafter
referred to as "Developer Improvements". Improvements to be installed by the City
and financed through assessment procedures are hereinafter referred to as "City
Improvements" .
2. DEVELOPER'S IMPROVEMENTS. The Developer will construct and
install at Developer's expense the following improvements according to the following
terms and conditions:
A. The Developer shall do all site grading including the front 100 feet of the
lots (unless otherwise determined and approved bv Citv Enqineer),
common greenway and opeln spaces, storm water storage ponds and
surface drainage ways including sodding of boulevards all in accordance
with the approved grading, drainage and erosion control plan. A grading
plan with maximum two-foot contours and cross sections as necessary
shall be submitted and approved by the City prior to commencement of
any site grading. The developer shall be required to provide finished sea
(sodded) elevation stakes and hubs for all backyard drainage areas and
any other areas as required by the City Engineer. The location of the
sod elevation staking and hubs are to be located at lot corners and
spaced every 20 feet. These locations must be submitted and approved
on the development plan and installed at the site prior to issuance of any
building permits.
B. The Developer shall control soil erosion insuring:
1. All development shall conform to the natural limitations presented
by the Topography and soil of the subdivision in order to create
the best potential for preventing soil erosion. The Developer shall
submit an erosion control plan, detailing all erosion control
measures to be implemented during construction, said plan shall
be approved by the City prior to the commencement of site
2
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grading or construction.
, 2, Erosion and siltation control measures shall be coordinated with
I the different of development. Appropriate control
stages
measures as required by the City shall be installed prior to
development when necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall
be exposed at anyone period of time,
4. Where the topsoil is removed, black orqanic dirt/soil Guffioicnt
arable zoil shall be set aside for respreading over the developed
area and also seeded, mulched, and disk anchored. The topsoil
(shall not contain more than 35% sand content) shall be restored
to a depth of at least four (4) inches and shall be of a quality at
least equal to the soil quality prior to development.
C. The Developer shall be responsible to maintain the required tree
protection for the development grading until removal is approved by the
City Tree Inspector. Upon issuance of a building permit for a lot, the
Developer is responsible to notify the builders and individual owners
within the development that they assume and are responsible for erosion
/ control, tree protection and protection of water and sewer services.
Such notification shall not relieve the Developer of the responsibility for
such items as required under this contract. Any violation will be cause
for red tagging the site by the City Building Official, or desiqnee, and all
inspections will cease until corrected.
D. The Developer shall place iron monuments at all lot and block corners
and at all other angle points on boundary lines. Iron monuments shall be
placed after all street and lawn grading has been completed in order to
preserve the lot markers for future property owners.
E. The Developer shall make all necessary adjustments to the curb stops to
bring them flush with the topsoil (after grading),
F. The Developer shall remove and/or treat all dead or diseased trees (as
determined bv City Tree Inspector) before building permits will be
issued, Burying or burning of trees or construction debris is not
permitted on the site. Trees, tree stumps, or construction debris shall
be removed from the plat. The Developer shall mow all tall grass and
weeds on vacant lots and boulevard areas periodically throughout the
season or as required by the City. Performance shall be guaranteed by
/
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the financial guarantee recited herein.
G. The Developer shall be responsible for street maintenance, including
; curbs, boulevards, sod and street sweeping until the project is complete.
All streets shall be maintained free of debris and soil until all lots within
the Subdivision have homes constructed upon them. Warning signs
shall be placed when hazards develop in streets to prevent the public
from traveling on same and directing attention to detours. If and when
the street becomes impassible, such streets shall be barricaded and
closed, In the event residences are occupied prior to completing streets,
the Developer shall maintain a smooth driving surface and adequate
drainage on all temporary streets. Performance shall be quaranteed bv
the financial quarantee recited herein.
H. The Developer shall furnish street lights in accordance with the City's
Street Lighting Ordinance No. 252. The Developer shall conform to
Ordinance No. 252 in all respects. The City shall order the street lights
and Developer shall reimburse the appropriate utilitv Gity for such cost,
General Requirements:
1. Street lighting shall be owned, installed, operated and maintained
by the electric utility company. City and electric utility company
I shall enter into a contractual agreement on the rate and
maintenance of the street lighting system.
2. It shall be the responsibility of the Developer to:
a. Advise all lot purchasers of their responsibility for street
lighting operating charges.
b. Pay for street light charges for all lots owned by the
Developer.
I. The Developer shall dedicate and survey all storm water holding ponds
as required by the City. The Developer shall be responsible for storm
sewer cleaning and holding pond dredging, as required, by the City prior
to completion of the development. The Developer grants the City the
right to enter upon the property to perform all functions required under
this contract and city ordinances. Performance shall be quaranteed bv
the financial quarantee recited herein.
J. The Developer shall be responsible for securing all necessary approvals
/
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and permits from all appropriate Federal, State, Regional and Local
jurisdictions prior to the commencement of site grading or construction
and prior to the City awarding construction contracts for public utilities.
K. The Developer shall make provision that all gas, telephone. cable
television and electric utilities shall be installed to serve the
development.
L. . On a corner lot, the front entrance shall face a designated front yard as
determined by the City and the assigned address.
M. The Developer shall construct a group of mailboxes of a uniform design
that IS clustered at specific locations approved by the City and
coordinated with the United States Post Office.
N. Cost of Developer's improvements, description and completion dates are
as follows:
Description of Estimated Date to be
Improvements Cost Completed
1. Site grading and erosion control
2. Street maintenance
3. Street construction
4, Storm sewer construction
5. Lot stakes
6. Diseased tree removal
7. Erosion control/street sweeping
8,
Total Estimated Construction Cost
For Developer's Improvements: $
Estimated Legal, Engineering and
Administrative Fee (15%) $
Total Estimated Cost of Developer
Improvements $
Security Requirement (150%) $
5
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Furthermore, Developer shall be responsible for all of the development
costs and fees shown on Exhibit A, attached hereto and made a part
hereot and adopted bv Citv Fee Ordinance.
O. Construction of Developer's Improvements:
1. Construction. The construction, installation, materials and
equipment shall be in accordance with the plans and
specifications approved by the City. All plans required under this
development contract shall be submitted in electronic format.
2. Inspection. All of the work shall be under and subject to the
inspection and approval of the City and, where appropriate, any
other governmental agency having jurisdiction,
3. Easements. The Developer shall dedicate to the City, prior to
approval of the final plat, at no cost to the City, all permanent or
temporary easements necessary for the construction and
installation of the Developer's Improvements as determined by
the City. All such easements required by the City shall be in
writing, in recordable form, containing such terms and conditions
as the City shall determine.
4. Faithful Performance of Construction Contracts and Bond. The
/ Developer will fully and faithfully comply with all terms and
conditions of any and all contracts entered into by the Developer for
the installation and construction of all Developer's Improvements and
hereby guarantees the workmanship and materials for a period of one
year following the City's written final acceptance of the Developer's
Improvements. Concurrently with the execution hereof by the
Developer, the Developer will furnish to, and at all times thereafter
maintain with the City, a cash deposit, certified check, or Irrevocable
Letter of Credit, or a Performance Bond, based on one hundred fifty
(150%)* percent of the total estimated cost of Developer's
Improvements as indicated in Paragraph N b. An Irrevocable Letter
of Credit or Performance Bond shall be for the exclusive use and
benefit of the City of Andover and shall state thereon that the same
is issued to guarantee and assure performance by the Developer of
all the terms and conditions of this Development Contract and
construction of all required improvements in accordance with the
ordinances and specifications of the City. The City reserves the right
*Note: the City Council did not recommend the 150%, staff has made this
recommendation and recommends the developer's surety be set at that level. Council
recommended 50%.
/
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to draw, in whole or in part, on any portion of the Irrevocable
Letter of Credit or Perform~nce Bond for the purpose of
I guaranteeing the terms and conditions of this contract. The
Irrevocable Letter of Credit or Perform~nce Bond shall be
automatically renewed or replaced by not later than thirty (30)
tvventy (20) days prior to its expiration with a like Letter of Credit
or bond.
5, Reduction of Escrow Guarantee. The Developer may request
reduction of the Letter of Credit, Performance Bond, or cash
deposit based on prepayment of Gf the value of the completed
improvements at the time of the requested reduction. The
amount of the reduction shall be determined and approved by the
City Enqineer staff,
p, The Developer shall provide a licensed registered professional engineer
or their duly authorized representative to oversee at the Developer's
expense the Developer's improvements until such improvements are
completed and accepted by the City.
Q. Upon written final acceptance of the Developer's improvements by the
City Enqineer, a one year maintenance bond shall be provided by the
Developer for any areas not covered by the Minnesota Pollution Control
, Agency iNPDESl erosion control permit. The warranty will include but
not be limited to covering the cost of turf restoration and erosion
control.
3. CITY INSTALLED IMPROVEMENTS CITY'S IMPROVEMENTS. In accordance
with the policies and ordinances of the City, the following described
improvements (hereinafter collectively called the "Improvements") , as
referenced in the plans and specifications adopted by the City Council shall be
constructed and installed by the City to serve the Subdivision on the terms and
conditions herein set forth:
A. Street grading, graveling and stabilizing, including construction of berms
and boulevards (hereinafter called "Street Improvements")
B. Storm sewers, when determined to be necessary by the City Engineer,
including all necessary mains, catch basins, inlets and other
7
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appurtenances (hereinafter called "Storm Sewer Improvements")
C. Sanitary sewer mains, laterals or extensions, including all necessary
building services and other appurtenances (hereinafter called "Sanitary
Sewer Improvements")
D. Water mains, laterals or extensions, including all necessary building
services, hydrants, valves and other appurtenances (hereinafter called
"Watermain Improvements")
E, Permanent street surfacing, sidewalks/trails (when required) including
concrete curb and gutter (hereinafter called "Permanent Street
Improvements"). Permanent street surfacing shall include the costs
associated with the first sealcoat for the new streets. Cost shall be One
Dollar ~nd no,'100 ($1 .00) per square yard of new street installed (fee
adiusted annually by fee ordinance).
F. Standard street name signs at all newly opened intersections (hereinafter
called "Traffic Signing Improvements")
G. 1. Construction Procedures, All such improvements set 'out in
Paragraph 3.A-F above shall be instituted, constructed and financed as
follows: The City shall commence proceedings pursuant to Minnesota
, Statute 429 providing that such improvements be made and assessed
against the benefited properties. After preparation of preliminary plans
and estimates by the City Engineer, an improvement hearing, if required
by law, will be called by the City Council for the purpose of ordering
such improvements. After preparation of the final plans and
specifications by the City Engineer, bids will be taken by the City and
contract awarded for the installation of improvements under the City's
complete supervision.
2, Security, Levy of Special Assessments and Required Payment
Therefor. Prior to the preparation of final plans and specifications for
the construction of said improvements, the Developer shall provide to
the City a cash escrow or letter of credit in an amount equal to one
hundred twenty-five (125%)* fifteen (16%) percent of the total
estimated cost of said improvements as established by the City
Engineer.
SECURITY REQUIREMENT (125%)* fl.6.%): $
Said cash escrow, including accrued interest thereon, or letter of credit,
*Note: the City Council did not recommend the 150%, staff has made this recommendation and
recommends the developer's surety be set at that level.
8
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may be used by the City upon default by Developer in the payment of
special assessments pursuant hereto, whether accelerated or otherwise.
That such cash escrow or letter of credit shall remain in full force and
effect throughout the term of the special assessments, except, the
amount of such escrow or letter of credit may be reduced, upon the
request of the Developer, at the City's option, but in no event shall be
less than the total of the outstanding special assessments against all
properties within the Subdivision. The entire cost of the installation of
such improvements, including any reasonable engineering, legal and
administrative costs incurred by the City, shall be assessed against the
benefited properties within the Subdivision in eiQht (8) ton (10) equal
annual installments with interest on the unpaid installments at a rate not
to exceed the maximum allowed by law. All special assessments levied
hereto shall be payable to the City Clerk in semi-annual installments
commencing on April 1 5 of the year after the levy of such assessment
and on each September 1 5 and April 1 5 thereafter until the entire
balance plus accrued interest is paid in full unless paid earlier pursuant to
Paragraph 3,G.3 herein. In the event any payment is not made on the
dates set out herein, the City may exercise its rights pursuant to
Paragraph 3.GA hereof. The Developer waives any and all procedural
and substantive objections to the installation of the public improvements
and the special assessments, including but not limited to hearing
requirements and any claim that the assessments exceed the benefit to
the property. In the event the total of all City Installed Improvements is
less than originally estimated by the City Engineer in his feasibility
report, Developer waives all rights they have by virtue of Minnesota
Statute 429,081 or otherwise to challenge the amount or validity of
amounts, or the procedure used by the City 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 levy of the
assessments.
3. Required Payments of Special Assessments bv Developer.
Developer, its heirs, successors or assigns hereby agrees that within
thirty (30) days after the issuance of a certificate of occupancy for a
residence on a lot located within the Subdivision which is assessed for
the cost of such improvements, the Developer, its heirs, successors or
assigns, agrees, at its own cost and expense, to pay the entire unpaid
improvement costs assessed or to be assessed under this agreement
against such property.
If a certificate of occupancy is issued before the special assessments
have been levied, the Developer, its heirs, successors or assigns shall
9
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pay the City the sum of cash equal to the Engineer's estimate of the
special assessments for such improvements that would be levied against
\ the property, Upon such payment the City shall issue a certificate
showing the assessments are paid in full. Notwithstanding the issuance
of said certificate, the Developer shall be liable to the City for any
deficiency and the City shall pay the Developer any surplus arising from
the payment based upon such estimate,
4. Acceleration Upon Default. In the event the Developer violates
any of the covenants, conditions or agreements herein contained to be
performed by the Developer, violates any ordinance, rule or regulation of
the City, County of Anoka, State of Minnesota or other governmental
entity having jurisdiction over the plat, or fails to pay any installment of
any special assessment levied pursuant hereto, or any interest thereon,
when the same is to be paid pursuant hereto, the City, at its option, in
addition to its rights and remedies hereunder, after ten (10) days'
written notice to the Developer, may declare all of the unpaid special
assessments which are then estimated or levied pursuant to this
agreement due and payable in full, with interest. The City may seek
recovery of such special assessments due and payable from the security
provided in Paragraph 3.G.2 hereof. In the event that such security is
insufficient to pay the outstanding amount of such special assessments
plus accrued interest the City may certify such outstanding special
assessments in full to the County Auditor pursuant to M,S. 429,061,
/ Subd. 3 for collection the following year. The City, at its option, may
commence legal action against the Developer to collect the entire unpaid
balance of the special assessments then estimated or levied pursuant
hereto, with interest, including reasonable attorney's fees, and
Developer shall be liable for such special assessments and, if more than
one, such liability shall be joint and several. Also, if Developer violates
any term or condition of this agreement, or if any payment is not made
by Developer pursuant to this agreement the City, at its option, may
refuse to issue building permits to any of the property within the plat on
which the assessments have not been paid.
4. RECORDING AND RELEASE. The Developer agrees that the terms of this
Development Contract shall be a covenant on any and all property included in the
Subdivision. The Developer agrees that the City shall have the right to record a copy
of this Development Contract with the Anoka County Recorder to give notice to
future purchasers and owners. This shall be recorded against the Subdivision
10
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described on Page 1 hereof. City shall provide to Developer upon payment of all the
special assessments levied against a parcel a release of such parcel from the terms
and conditions of this Development Contract subject to provisions contained in
second paragraph of Section 3.G,3 on page 8.
5. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the
City for all costs incurred by the City including, but not limited, to the actual costs of
construction of said improvements, engineering fees, legal fees, inspection fees,
interest costs, costs of acquisition of necessary easements, if any, and any other
costs incurred by the City relating to this Development Contract and the installation
and financing of the aforementioned improvements.
6. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. Where a platted
street intersects an existing publicly maintained road, the City Building Official will
only may issue building permits on lots that are within 1 50 feet of a hard surfaced
roadway for up to a mmdmum of 15% of the Iota within the development for lots
contiguous vvithin the intersection. The 15% of the lots c~n be separ~ted to multiple
intersection locations or established at one location. In the event lots are more than
150 feet from a hard surfaced roadway, the Developer shall construct a service road
to provide access to these lots as required by the City. The Developer shall submit a
plan to the City for approval identifying the location of the proposed access roads and
the lots being requested for building permits. Building permits can be requested for
the remaining 85% of lots within the development after the first lift of the asphalt has
been installed on the street. Except that no buildinq permit will be issued on any lot
that abuts a pond unless the pond infrastructure is completed accordinQ to the City
1 1
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approved plan.
No Certificate of Occupancy permit shall be issued for any house in the plat until the
following have been completed:
A. A letter from the Developer's engineer certifying the plat has been graded
according to the grading, drainage and erosion control plan as approved by
the City. The Developer will notify the City a minimum of two (2) weeks
prior to any Certificate of Occupancv permit beinq issued.
B. Removal/treatment of all deadL Of dying or diseased trees. as determined by
Citv Tree Inspector. from the property at the owner's expense or escrow
for any remaining trees that will need to be removed. Stockpiling the dead
trees on the lot for resident's removal for firewood will be acceptable only
after the lot has been graded to plan.
C. The first lift of street asphalt surface. sanitary sewer. storm sewer and
water main. has been constructed. considered operational, and approved by
the City Enqineer. The Developer will notify the Citv a minimum of two (2)
weeks prior to any Certificate of Occupancy permit beinq issued required.
I
D. Soddinq of the lot is completed as specified by ordinance.
E, Escrowinq of incomplete items that are required, such as: trees. driveway.
seedinq/soddinq of the lot. and spreadinq of 4 inches of black/orqanic dirt.
F. The Developer will notify the City a minimum of two (2) weeks prior to any
Certificate of Occupancy permit beinq issued to allow adequate time for an
inspection to be completed of all the required improvements.
The Developer ...:ill notify the City a minimum of t'....o (2) weeks prior to any
Certificate of Occupancy permit being required.
The Developer further agrees that they will not cause to be occupied, any
premises constructed upon the plat or any property within the plat until the
completion of the gas, electric, telephone, cable television. streets to asphalt surface,
, /
12
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sanitary sewer, storm sewer and water main Class 6 cubbaGe, unless the City has
, agreed in writing to waive this requirement as to a specific premises.
The City Building Official will issue a stop work cease and desist order for
violation of silt fencing, erosion control and tree protection.
7. CLEANUP. Developer shall promptly clean dirt and debris from streets that has
resulted from construction by the Developer, its agents or assigns. Performance shall
be Quaranteed by the financial Quarantee recited herein. [The City reserves the riQht
to perform such work as necessary and assess all cost to the developer],
7 A, The Developer shall be responsible for rubbish blown off the buildinq site.
8. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and
/ construction required by this contract and acceptance by the City, the improvements
lying within the public easements shall become City property without further notice or
action.
g, INSURANCE. Developer and/or all its subcontractors shall take out and
maintain until one (1) year after the City has accepted the private improvements,
public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of the Developer's work
or the work of his subcontractors or by one directly or indirectly employed by any of
them. Limits for bodily injury and death shall be not less than Five Hundred Thousand
and no/1 00 ($500,000.00) Dollars for one person and One Million and no/100
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($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not
less than Two Hundred Thousand and no/l00 ($200,000.00) Dollars for each
/
occurrence; or a combination single limit policy of One Million and no/l00
($1,000,000,00) Dollars or more. The City shall be named as an additional insured
on the policy, and the Developer or all its subcontractors shall file with the City a
certificate evidencing coverage prior to the City signing the plat. The certificate shall
provide that the City must be given ten (10) days advance written notice of the
cancellation of the insurance, The certificate may not contain any disclaimer for
failure to give the required notice.
10. REIMBURSEMENT OF COSTS FOR DEFENSE, The Developer agrees to
reimburse the City for all costs incurred by the City in defense of enforcement of this
contract, or any portion thereof, including court costs and reasonable engineering and
attorneys' fees.
11. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or
phrase in this contract is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect or void any of the other provisions of the
Development Contract.
12, GENERAL.
A. Bindinq Effect. The terms and provisions hereof shall be binding upon
and inure to the benefit of the heirs, representatives, successors and
assigns of the parties hereto and shall be binding upon all future owners
of all or any part of the Subdivision and shall be deemed covenants
, running with the land,
J
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B. Notices. Whenever in this agreement it shall be required or permitted
that notice or demand be given or served by either party to this
/ agreement to or on the other party, such notice or demand shall be
delivered personally or mailed by United States mail to the addresses
hereinbefore set forth on Page 1 by certified mail (return receipt
requested). Such notice or demand shall be deemed timely given when
delivered personally or when deposited in the mail in accordance with
the above. The addresses of the parties hereto are as set forth on Page
1 until changed by notice given as above.
C. Final Plat Approved. The City agrees to give final approval to the plat of
the Subdivision upon execution and delivery of this agreement and of all
required petitions, bond and security.
D. Incorporation by Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let
pursuant to this agreement shall be and hereby are made a part of this
agreement by reference as fully as if set out herein in full.
E. Assiqnment and Third Party Benefits. This development contract cannot
be assigned or transferred without the written consent of the City.
There is no intent to benefit any third parties and third parties shall have
/ no recourse against the City under this contract.
F, Clerical Revisions. In the event that any technical or clerical revisions
are needed in this document or if for any reason the County Recorder
deems the development contract un-recordable, the Developer shall
cooperate with the City in the execution or amendment of any revised
development contract.
13. REMEDIES FOR VIOLATIONS OF CONTRACT. In the event the tflat Developer,
builder, or any subcontraotor violates any of the covenants and agreements contained
in this Development Contract and that may te be performed by the Developer,
builder, or suboontractor, the City, at its option, in addition to the rights and remedies
as set out hereunder, may refuse to issue building permits to any property within the
plat until such time as such default has been inspected and corrected to the
satisfaction of the City. Furthermore. in the event of default by the Developer as to
15
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any of the work performed by it hereunder. the City may at its option. perform the
, work of the Developer and the Developer shall promptly reimburse the City for any
expense incurred by the City within thirty (30) days. Failure to do so shall result in
the City withholdinQ the letter of credit. If the plat is a phase of a multi-phase
preliminary plat. the City may refuse to approve final plats of subsequent phases if
the Developer has breached this contract and the breach has not been remedied.
DEVELOPER CITY OF ANDOVER
By By
Mayor
By ATTEST:
,
I By
Clerk
16
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(June 21, 2002 Draft)
"Proposed" DEVELOPMENT CONTRACT
(Developer Installed Improvements)
(Note: Underlining is new language, strike out is language to be removed)
THIS AGREEMENT made this _ day of , 2002
-2000, is by and between the City of Andover, whose address is 1685 Crosstown
Boulevard NW, Andover, Minnesota 55304, a municipal corporation organized under
the laws of the State of Minnesota, hereinafter referred to as the "City", and
,whose address is , Minnesota,
hereinafter referred to as the "Developer".
WHEREAS, the Developer has received approval from the City Council for a
proposed plat of land within the corporate limits of the City to be is in the process of
,
pbtting certain property known as ; and
WHEREAS, the Developer desires final plat approval prior to completion of all
on-site improvements as required under the Subdivision Ordinance of the City of
Andover; and
WHEREAS, said Subdivision Ordinance authorizes the City to enter into a
Development performance Contract secured by a aooa, cash escrow or letter of
credit to guarantee completion of all such improvements following final approval and
recording of the final plat;
NOW, THEREFORE, in consideration of the mutual promises of the parties
made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO that the Developer
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will provide all labor and materials to construct the improvements described below
/ within the plat of according to the plans and specifications attached
hereto and made a part of this Agreement:
ARTICLE ONE
DESIGNATION OF IMPROVEMENTS
Improvements to be installed at the Developer's expense by the Developer as
hereinafter provided are hereinafter referred to as " Developer's Improvements" .
ARTICLE TWO
DEVB..OPER'S IMPROVEMENTS
The Developer will construct and install at Developer's expense the following
improvements according to the follow ing terms and conditions:
A. The Developer shall do all site grading including thF! front 100 fF!F!t of thF!
, lot!; (IInlF!!;!; othF!rw i!;F! dF!tF!rminF!d ::Jnd ::JpprovF!d by thF! City FnginF!F!r),
/ common greenway and open spaces, storm water storage ponds and
surface drainage ways including sodding of boulevards all in accordance
with the approved grading, drainage and site plan. Furthermore such
grading shall provide for a buildable area on each lot in such size as
required by Andover Ordinance NO.1 O. Upon completion of all grading,
Developer's engineer shall certify in writing that the plat is graded to the
plans and that all unbuildable soils are removed within the street
right-of-way and within the buildable area identified herein. The yard
shall be graded to allow the construction of a driveway. A grading plan
with maximum two foot contours and cross sections as necessary shall
be submitted and approved by the City prior to commencement of any
site grading.
B. The Developer shall be responsible to maintain the required tree
protection for the development grading until the removal and/or
trF!::JtmF!nt is approved by the City Tree Inspector. Upon issuance of a
building permit for a lot, the Developer is responsible to notify the
builders and individual owners within the development that they assume
and are responsible for erosion control, tree protection and protection of
water and sewer services.
I
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C. The Developer shall control soil erosion insuring:
1. All development shall conform to the natural limitations presented by the
topography and soil of the subdivision in order to create the best
potential for presenting soil erosion. The Developer shall submit an
erosion control plan, detailing all erosion control measures to be
implemented during construction, said plan shall be approved by the City
prior to the commencement of site grading or construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City shall be installed prior to development when
necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as construction
progresses. The smallest practical area of land shall be exposed at any
one period of time.
4. Where the topsoil is removed, blar.k organir. dirt/!;oil sufficient arable soil
shall be set aside for respreading over the developed area and also
!;P.M Ad , m III r. h Ad and disk anr.horAd. The topsoil (!;hall not r.ontain
morA than 35% !;and) shall be restored to a depth of at least four (4)
inches and shall be of a quality at least equal to the soil quality prior to
development.
D. The Developer shall be responsible to maintain the required tree protection for the
development grading until removal is approved by the City Tree Inspector. Upon
issuance of a building permit for a lot, the Developer is responsible to notify the
builders and individual owners within the development that they assume and are
responsible for erosion control, tree protection and protection of water and sewer
services. Such notification shall not relieve the Developer of the responsibility for
such items as required under this contract. Any violation w ill be cause for red
tagging the site by the City Building Official, or de!;igneA. and all inspP.r.tion!; will
r.Aa!;A II nt i I corrAr.t Ad
E The Developer shall place iron monuments at all lot and block corners and at all
other angle points on boundary lines. Iron monuments shall be placed after all
street and lawn grading has been completed in order to preserve the lot markers
for future property owners.
F. The Developer shall pay for the installation of all standard street name signs at all
newly opened intersections within the development. The City shall install all such
':l
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signage and Developer shall reimburse the City for the cost thereof by payment in
advance to the City of the estimated cost thereof.
,
G. The Developer shall remove ;:md/or trp.::It all dead and diseased trees (as
determined by the City Tree Inspector) before building permits will be issued.
H. The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All streets
shall be maintained free of debris and soil until all lots within the Subdivision have
homes constructed upon them. Warning signs shall be placed when hazards
develop in streets to prevent the public from traveling on same and directing
attention to detours. If and when the street becomes impassable, such streets
shall be barricaded and closed. In the event residences are occupied prior to
completing streets, the developer shall maintain a smooth driving surface and
adequate drainage on all temporary streets. Pp.rform::lnr.p. !'>h::lll bp. gIJ::Ir::lntP.P.d by
thp. fin::lnd::ll qU::Ir::Intp.p. rp.dtp.d hp.rp.in
I. The Developer shall furnish street lights in accordance with the City's Street
Lighting Ordinance No. 86. The Developer shall conform to Ordinance No. 86 in
all respects. The City shall order the street lights and Developer shall reimburse
the City for such cost.
General Requirements:
1. Street lighting shall be owned, installed, operated and maintained by the
::Ippropri::ltp. utility the electric utility company. City and electric utility
company shall enter into a contractual agreement on the rate and
maintenance of the street lighting system.
2. It shall be the responsibility of the Developer to:
a. Advise all lot purchasers of their responsibility for street lighting
operating charges.
b. Pay for street light charges for all lots owned by the Developer.
J. The Developer shall dedicate and survey all storm water holding ponds as required
by the City. The Developer shall be responsible for storm sewer cleaning and
holding pond dredging, as required, by the City prior to completion of the
development. The Developer grants the City the right to enter upon the property
to perform all functions required under this contract and city ordinances.
Pp.rform::lnr.p. !'>h::lll bp. gll::lr::lntP.P.d by thp. fin::lnd::ll gU::Ir::lntp.p. rp.dtP.d hp.rp.in
K. The Developer shall be responsible for securing all necessary approvals and
A
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permits from all appropriate Federal, State, Regional and Local jurisdictions prior to
the commencement of site grading or construction and prior to the City awarding
, construction contracts for public utilities.
L. The Developer shall make provision that all gas, telephone C::lhIR tRIRvision and
electric utilities shall be installed to serve the development.
M. On a corner lot, the front entrance shall face a designated front yard as
determined by the City and the assigned address.
N. The Developer shall construct a group of mailboxes of a uniform design that is
clustered at specific locations approved by the City and coordinated with the
United States Post Office.
O. Cost of Developer's Improvements, description and completion dates are as
follows:
Description of Improvements Estimated Cost Date to be
Completed
1. Site grading and erosion control. $
2. Street maintenance. $
3. Street construction. $
4. Storm sewer construction. $
5. Lot stakes. $
6. Diseased tree removal. $
7. Erosion control/street sweeping $
8.
Total Estimated Construction Cost
for Developer's Improvements $
Estimated Legal, Engineering and
Administrative Fee (15%) $
Total Estimated Cost of Developer $
Improvements
~
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Security Requirement (150%) $
\ Furthermore, Developer shall be responsible for all of the development costs and fees
, I shown on Exhibit A, attached hereto and made a part hereof ;:md ::lrloptP.d by City Fp.p.
Ordin::lncp..
P. Construction of Developer's Improvements:
1. Con!>trlJction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
All plans required under this development contract shall be submitted in
electronic format.
2. In!>pAction. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental
agency having jurisdiction.
3. F::l!>AmAnt!>, The Developer shall dedicate to the City, prior to approval of
the final plat, at no cost to the City, all permanent or temporary easements
necessary for the construction and installation of the Developer's
Improvements as determined by the City. All such easements required by
the City shall be in writing, in recordable form, containing such terms and
conditions as the City shall determine.
4. F::lithflJI PArfnrm::lnCA of Con!>trlJdion Contr::ld!> 1'lnd nond. The Developer
will fully and faithfully comply with all terms and conditions of any and all
contracts entered into by the Developer for the installation and construction
of all Developer's Improvements and hereby guarantees the workmanship
and materials for a period of one year following the City's final acceptance
of the Developer's Improvements. Concurrently with the execution hereof
by the Developer, the Developer will furnish to, and at all times thereafter
maintain with the City, a cash deposit, certified check, 0L.aIl Irrevocable
Letter of Credit, or a Performance Dond, based on one hundred fifty
(150%)* percent of the total estimated cost of Developer's Improvements
as indicated In Paragraph N t. An Irrevocable Letter of Credit or
Performance Dond shall be for the exclusive use and benefit of the City of
Andover and shall state thereon that the same is issued to guarantee and
assure performance by the Developer of all the terms and conditions of this
Development Contract and construction of all required improvements in
accordance with the ordinances and specifications of the City. The City
reserves the right to draw, in whole or in part, on any portion of the
Irrevocable Letter of Credit or Performance Dond for the purpose of
* Note: the City Council did not recommend the 150%, staff has made this recommendation
and recommends the developer's surety be set at that level. Council recommended 50%.
e::
-1Z.~
guaranteeing the terms and conditions of this contract. The Irrevocable
, Letter of Credit or r'erformance Oond shall ::IlItom::ltic::Illy be renewed or
replaced by not later than thirty (~O) ty'v'enty (20) days prior to its expiration
with a like letter or bond.
5. RP.dlldion of H:;crnw GU::Imntp.p.. The Developer may request reduction of
the Letter of Credit, Performance Oond, or cash deposit based on
prepayment or the value of the completed improvements at the time of the
requested reduction. The amount of the reduction shall be determined and
approved by the City Fnginp.p.r staff.
Q. The Developer shall provide a liCP.MP.d registered professional engineer or their
duly authorized representative to oversee, at the Developer's expense, the
Developer's improvements until such improvements are completed and accepted
by the City.
R Upon writtp.n final acceptance of the Developer's improvements by thp. City
Fnginp.p.r, a one year maintenance bond shall be provided by the Developer for
any areas not covered by the Minnesota Pollution Control Agency (NPDES)
erosion control permit. The warranty will cover hIlt not hp. IimitP.d to the cost of
turf restoration and erosion control.
, S. Upon writtp.n final acceptance of the City maintained improvements lying within
the public easements, a one year warranty bond shall be provided to the City by
the Developer for 25% of the improvement costs unless otherwise directed by
the City Engineer.
T. Perm::lnent !;trp.p.t !;urf::lcing, !;idew::llk!;/tr::lil!; (whp.n requirP.d) inchlding concrete
curh ::Ind guttp.r (hp.rp.in::lfter c::IlIP.d "Pp.rm::lnent Strp.p.t Imprnvp.mp.nt!;") The
Developer shall be required to pay the costs associated with the first seal coat for
all new streets as a part of the improvement costs for this development. The
cost w ill be One and no/100 ($1.00) Dollars per square yard of new street
installed (fp.p. ::IdjU!;tP.d ::Innll::llly hy fp.p. nrdin::lncp.).
LJ St::lnd::lrd !;trp.p.t n::lmp. !;ign!; ::It ::III np.w Iy openP.d inter!;edion!; (herein::lfter c::IlIP.d
"Tmffic Signing Imprnvemp.nt!;")
ARTICLE THREE
RECORDING AND RB.EASE
The Developer agrees that the terms of this Development Contract shall be a
, covenant on any and all property included in the Subdivision. The Developer agrees
7
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that the City shall have the right to record a copy of this Development Contract with
"- the Anoka County Recorder to give notice to future purchasers and ow ners. This
shall be recorded against the Subdivision described on Page 1 hereof.
ARTICLE FOUR
RBMBURSEI\IIENT OF COSTS
The Developer agrees to fully reimburse the City for all costs incurred by the
City including, but not limited, to the actual costs of construction of said
improvements, engineering fees, legal fees, inspection fees, interest costs, costs of
acquisition of necessary easements, if any, and any other costs incurred by the City
relating to this Development Contract and the installation and financing of the
aforementioned improvements.
The Developer agrees to deposit with the City such sums as required by the
'\
i City Administration. Said amount shall bear no interest and the City shall have the
right to pay all fees and expenses and costs which are the obligations of the
Developer under this contract from the aforementioned escrow deposit. Any monies
remaining after the payment of said fees and costs shall be returned to the Developer.
ARTICLE FIVE
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
Where a platted street intersects an existing publicly maintained road, the City
Building Official will only may issue building permits on lot!'; within 150 fp.p.t of ::I h::lrd
!';llrf::lr:P.CI ro::ldw::IY for up to a maximum of 1 S% of the lots within the development
for lots contiguous vv ithin the intersection. The 1:::;% of the lots can be separated to
, multiple intersection locations or established at one location. In thA AVAnt lot!'; ::IrA
)
Q
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more than 150 feet from a hard surfaced roadway. the Developer shall construct a
" service road to provide access to these lots as required by the City. The Developer
shall submit a plan to the City for approval identifying the location of the proposed
access roads and the lots being requested for building permits. Building permits can
be requested for the remaining 86% of lots within the development after the first lift
of the asphalt has been installed on the street, Except that no buildinq permit will be
issued on any lot that abuts a pond unless the pond infrastructure is completed
accordinQ to the City approved plan.
No Certificate of Occupancy permit shall be issued for any house in the plat
until the following have been completed:
A. A letter from the Developer's engineer certifying the plat has been
graded according to the grading, drainage and erosion control plan
as approved by the City. The Developer will notify the City a
minimum of two (2) weeks prior to any Certificate of Occupancy
permit beinq issued.
B. Removal or treatment of all deadL eF dying or diseased trees~
determined by City Tree Inspector. from the property at the
owner's expense or escrow for any remaining trees that will need
to be removed. Stockpiling the dead trees on the lot for
resident's removal for firewood will be acceptable only after the
lot has been graded to plan.
C. The first lift of street asphalt surface. sanitary sewer. storm
sewer and water has been constructed, considered operational,
and approved by the City EnQineer. The Developer will notify the
City a minimum of two (2) weeks prior to any Certificate of
Occupancy permit beinq required.
D. Soddinq of the lot is completed as specified by ordinance.
E. EscrowinQ of incomplete items that are required, such as: trees.
driveway. seedinQ/soddinq of the lot. and spreadinq of 4 inches of
black/orQanic dirt.
/
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F. The Developer will notifv the City a minimum of two (2) weeks
prior to any Certificate of Occupancy permit beinQ issued to allow
adequate time for an inspection to be completed of all the
required improvements.
The Developer will notify the City 0 minimum of t\...o (2) '....eeks prior to any
Certificate of Occupancy permit being required.
The Developer further agrees that they will not cause to be occupied, any
premises constructed upon the plat or any property within the plat until the
completion of the gas, electric, telephone, cable television, streets to asphalt surface,
sanitary sewer, storm sewer, water Clocc 5 cubbaGe, unless the City has agreed in
writing to waive this requirement as to a specific premises.
The Developer shall provide a cash deposit in an amount determined by the
City for inspection of improvements constructed within public easements. Upon
,
/ acceptance of these improvements, the City will refund the unused balance of this
deposit to the Developer.
The City Building Official will issue a stop work ceQce and desist order for
violation of silt fencing, erosion control or tree protection,
ARTICLE SIX
CLEANUP
Developer shall promptly clean dirt and debris from streets that has resulted
from construction by the Developer, its agents or assigns. Performance shall be
Quaranteed by the financial Quarantee recited herein. [City reserves the riQht to
perform such work as necessary and assess all costs to Developer]. The developer
\ shall be responsible for rubbish blown off the buildinQ site.
/
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ARTICLE SEVEN
OWNERSHIP OF IMPROVEMENTS
I
Upon completion of the work and construction required by this contract and
acceptance by the City, the improvements lying within the public easements shall
become City property without further notice or action.
The Developer shall schedule city inspections through the Engineering
Department a minimum of forty-eight (48) hours prior to constructing city maintained
improvements within the public easements.
Prior to acceptance by the City of the city maintained improvements lying
within the public easements, the Developer shall provide evidence by sworn
construction statement that all contractors who may be entitled to file mechanics
liens have been paid.
/ ARTICLE BGHT
INSURANCE
Developer and/or all its subcontractors shall take out and maintain until one (1)
year after the City has accepted the private improvements, public liability and
property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's work or the work of his
subcontractors or by one directly or indirectly employed by any of them. Limits for
bodily injury and death shall be not less than Five Hundred Thousand and no/100
($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00)
Dollars for each occurrence; limits for property damage shall be not less than Two
Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a
1 1
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combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or
more. The City shall be named as an additional insured on the policy, and the
Developer or all its subcontractors shall file with the City a certificate evidencing
coverage prior to the City signing the plat. The certificate shall provide that the City
must be given ten (10) days advance written notice of the cancellation of the
insurance. The certificate may not contain any disclaimer for failure to give the
required notice.
ARTICLE NINE
RBMBURS8\IIENT OF COSTS FOR DEFENSE
The Developer agrees to reimburse the City for all costs incurred by the City in
defense of enforcement of this contract, or any portion thereof, including court costs
and reasonable engineering and attorneys' fees.
I ARTICLE TEN
V AUDITY
If any portion, section, subsection, sentence, clause, paragraph or phrase in
this contract is for any reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect or void any of the other provisions of the Development
Contract.
ARTICLE B.EVEN
GENERAL
A. Rinding Fffp.ct. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives,
successors and assigns of the parties hereto and shall be binding
upon all future owners of all or any part of the Subdivision and
shall be deemed covenants running with the land.
/
1')
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B. Notice~. Whenever in this agreement it shall be required or
, permitted that notice or demand be given or served by either
party to this agreement to or on the other party, such notice or
demand shall be delivered personally or mailed by United States
mail to the addresses hereinbefore set forth on Page 1 by certified
mail (return receipt requested). Such notice or demand shall be
deemed timely given when delivered personally or when.
deposited in the mail in accordance with the above. The
addresses of the parties hereto are as set forth on Page 1 until
changed by notice given as above.
C. Rn:!1 P(:!t Approved. The City agrees to give final approval to the
plat of the Subdivision upon execution and delivery of this
agreement and of all required petitions, bond and security.
D. Incorpor::ition hy Reference, All plans, special prOVISions,
proposals, specifications and contracts for the improvements
furnished and let pursuant to this agreement shall be and hereby
are made a part of this agreement by reference as fully as if set
out herein in full.
E A~~ignment :!nd Third P:!rty Renefit~. This development contract
\ cannot be assigned or transferred without the written consent of
; the City. There is no intent to benefit any third parties and third
parties shall have no recourse against the City under this
contract.
F. Cleric:!1 Revi~ion~. In the event that any technical or clerical
revisions are needed in this document or if for any reason the
County Recorder deems the development contract un-recordable,
the Developer shall cooperate with the City in the execution or
amendment of any revised development contract.
ARTICLE TWB..VE
R8\IIEDIES FOR VIOl ATIONS BREACH OF CONTRACT
In the event the that-Developer, builder, or any subcontractor violates any of
the covenants and agreements contained in this Development Contract and th:!t m:!y
to be performed by the Developer, builder, or subcontractor, the City, at its option, in
1':1
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addition to the rights and remedies as set out hereunder, may refuse to issue building
, permits to any property within the plat until such time as such default has been
inspected and corrected to the satisfaction of the City. Fllrthp.rmorp. in thp. p.vp.nt of
defalllt hy thp. Op.velopp.r a!': to any of thp. work pp.rformP.d hy it hp.rp.lmdp.r, thp. City
may at it!': option pp.rform thp. work of thp. Oevelopp.r ami thp. Oevp.loper !':hall
promptly rp.imhllr!':p. thp. City for any p.xpp.n!':p. inr.llrrP.d hy thp. City within thirty (30)
day!': Failllrp. to rlo !':o !':hall re!':lIlt in the City withholding the lettp.r of r.rP.dit If t hp.
plat i!': a pha!':p. of a mlllti-pha!':p. prp.liminary plat thp. City may rp.fll!':e to approve final
plat!': of !':lIh!':eqllent phase!': if thp. Op.vp.lopp.r ha!': hrp.ar.hP.d thi!': r.ontrar.t and thp.
hrp.ar.h ha!': not heP.n remP.diP.d
DEVELOPER
\ CITY OF ANDOVER
i
By
By
Mayor
By ATTEST:
By
Clerk
1.11
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STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
On this _ day of , 2..0..0.2. 2eOO, before me,
a Notary Public within and for said County, personally appeared Mir:hap.1 R Gamar:hp.
J. C. McKelvey and Victoria Volk, to me known to be respectively the Mayor and
Clerk of the City of Andover, and who executed the foregoing instrument and
acknowledged that they executed the same on behalf of said City.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
\ On this _ day of , 2..0..0.2. 2eOO, before me, a
)
Notary Public within and for said County, personally appeared
and , to me known to be
the and of , and who
executed the foregoing instrument and acknowledged that they executed the same
on behalf of said
Notary Public
This instrument was drafted by:
William G. Haw kins and Associates
2140 Fourth Avenue North
Anoka, Minnesota 55303
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(June 25, 2002 Draft)
"Proposed" DEVELOPMENT CONTRACT
(City Installed Improvements)
(Note: Underlining is new language, strike out is language to be removed)
THIS AGREEMENT made this _ day of ' 2002 2GG+, is by
and between the City of Andover, whose address is 1685 Crosstown Boulevard NW,
Andover, Minnesota 55304, a municipal corporation organized under the laws of the
State of Minnesota, hereinafter referred to as the "City", and ' whose
address is ' hereinafter referred to as the "Developer".
WHEREAS, the Developer has received approval from the City Council for a
proposed plat of land within the corporate limits of the City to be known as
; and
WHEREAS, the Developer has requested that the City construct and finance
certain improvements to serve the plat; and
WHEREAS, the Developer is to be responsible for the installation and financing
of certain private improvements within the plat; and
WHEREAS, said City Subdivision Ordinance and Minnesota Statute 462.358
authorized the City to enter into a Development performance Contract secured by
letter of credit, or 0 bond, cash escrow or other security to guarantee completion and
payment of such improvements following final approval and recording of final plat;
and
WHEREAS, Minnesota Statute 429 provides a method for assessing the cost
of City installed improvements to the benefited property.
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NOW, THEREFORE, in consideration of the mutual promises of the parties
made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
1. DESIGNATION OF IMPROVEMENTS. Improvements to be installed at
the Developer's expense by the Developer as hereinafter provided are hereinafter
referred to as "Developer Improvements". Improvements to be installed by the City
and financed through assessment procedures are hereinafter referred to as "City
Improvements".
2. DEVELOPER'S IMPROVEMENTS. The Developer will construct and
install at Developer's expense the following improvements according to the following
terms and conditions:
A. The Developer shall do all site grading including the front 100 feet of the
lots unless otherwise determined and a roved b Cit En ineer),
common greenway and open spaces, storm water storage ponds and
surface drainage ways including sodding of boulevards, seediriq'Tbl'c
soddinoof the frontaridside\tards<ofaIFI6ts~ all in accordance with the
approved grading, drainage and erosion control plan. A grading plan
with maximum two-foot contours and cross sections as necessary shall
be submitted and approved by the City prior to commencement of any
site grading. The developer shall be required to provide finished sea
(sodded) elevation stakes and hubs for all backyard drainage areas and
any other areas as required by the City Engineer. The location of the
sod elevation staking and hubs are to be located at lot corners and
spaced every 20 feet. These locations must be submitted and approved
on the development plan and installed at the site prior to issuance of any
building permits.
B. The Developer shall control soil erosion insuring:
1. All development shall conform to the natural limitations presented
by the Topography and soil of the subdivision in order to create
the best potential for preventing soil erosion. The Developer shall
submit an erosion control plan, detailing all erosion control
measures to be implemented during construction, said plan shall
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be approved by the City prior to the commencement of site
grading or construction.
2. Erosion and siltation control measures shall be coordinated with
the different stages of development. Appropriate control
measures as required by the City shall be installed prior to
development when necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall
be exposed at anyone period of time.
4. Where the topsoil is removed, black oroanic dirt/soil sufficient
arable soil shall be set aside for respreading over the developed
area and also seeded, mulched, and disk anchored. The topsoil
(shall not contain more than 35% sand content) shall be restored
to a depth of at least four (4) inches and shall be of a quality at
least equal to the soil quality prior to development.
C. The Developer shall be responsible to maintain the required tree
protection for the development grading until removal is approved by the
City Tree Inspector. Upon issuance of a building permit for a lot, the
Developer is responsible to notify the builders and individual owners
within the development that they assume and are responsible for erosion
control, includinosoddinoofboulevards, seedino or soddino6fthefrbhf1
and side vardsofalLlotsi' tree protection and protection of water and
sewer services. Such notification shall not relieve the Developer of the
responsibility for such items as required under this contract. Any
violation will be cause for red tagging the site by the City Building
Official, or desionee, and all inspections will cease until corrected.
D. The Developer shall place iron monuments at all lot and block corners
and at all other angle points on boundary lines. Iron monuments shall be
placed after all street and lawn grading has been completed in order to
preserve the lot markers for future property owners.
E. The Developer shall make all necessary adjustments to the curb stops to
bring them flush with the topsoil (after grading).
F. The Developer shall remove and/or treat all dead or diseased trees (as
determined bv City Tree Inspector) before building permits will be
issued. Burying or burning of trees or construction debris is not
permitted on the site. Trees, tree stumps, or construction debris shall
be removed from the plat. The Developer shall mow all tall grass and
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weeds on vacant lots and boulevard areas periodically throughout the
season or as required by the City. Performance shall be guaranteed by
the financial guarantee recited herein.
G. The Developer shall be responsible for street maintenance, including
curbs, boulevards, sod and street sweeping until the project is complete.
All streets shall be maintained free of debris and soil until all lots within
the Subdivision have homes constructed upon them. Warning signs
shall be placed when hazards develop in streets to prevent the public
from traveling on same and directing attention to detours. If and when
the street becomes impassible, such streets shall be barricaded and
closed. In the event residences are occupied prior to completing streets,
the Developer shall maintain a smooth driving surface and adequate
drainage on all temporary streets. Performance shall be ouaranteed bv
the financial Quarantee recited herein.
H. The Developer shall furnish street lights in accordance with the City's
Street Lighting Ordinance No. 252. The Developer shall conform to
Ordinance No. 252 in all respects. The City shall order the street lights
and Developer shall reimburse the appropriate utility Gtty for such cost.
General Requirements:
1. Street lighting shall be owned, installed, operated and maintained
by the electric utility company. City and electric utility company
shall enter into a contractual agreement on the rate and
maintenance of the street lighting system.
2. It shall be the responsibility of the Developer to:
a. Advise all lot purchasers of their responsibility for street
lighting operating charges.
b. Pay for street light charges for all lots owned by the
Developer.
I. The Developer shall dedicate and survey all storm water holding ponds
as required by the City. The Developer shall be responsible for storm
sewer cleaning and holding pond dredging, as required, by the City prior
to completion of the development. The Developer grants the City the
right to enter upon the property to perform all functions required under
this contract and city ordinances. Performance shall be ouaranteed by
the financial Quarantee recited herein.
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J. The Developer shall be responsible for securing all necessary approvals
and permits from all appropriate Federal, State, Regional and Local
jurisdictions prior to the commencement of site grading or construction
and prior to the City awarding construction contracts for public utilities.
K. The Developer shall make provision that all gas, telephone, cable
television and electric utilities shall be installed to serve the
development.
L. On a corner lot, the front entrance shall face a designated front yard as
determined by the City and the assigned address.
M. The Developer shall construct a group of mailboxes of a uniform design
that is clustered at specific locations approved by the City and
coordinated with the United States Post Office.
N. Cost of Developer's improvements, description and completion dates are
as follows:
Description of Estimated Date to be
Imorovements Cost Completed
1. Site grading and erosion control
2. Street maintenance
3. Street construction
4. Storm sewer construction
5. Lot stakes
6. Diseased tree removal
7. Erosion control/street sweeping
8; Sodding of boulevard; seeding/soddihg)
of all front and side yards (including 4 inche$
of black dirt over entire yard) ",.
9.
Total Estimated Construction Cost
For Developer's Improvements: $
*Note: The letter of credit/escrow requirement will be based on one-thirdofalllotsin the development.,
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Estimated Legal, Engineering and
Administrative Fee (15%) $
Total Estimated Cost of Developer
Improvements $
Security Requirement (150%) $
Furthermore, Developer shall be responsible for all of the development
costs and fees shown on Exhibit A, attached hereto and made a part
hereof... and adopted bv City Fee Ordinance.
O. Construction of Developer's Improvements:
1. Construction. The construction, installation, materials and
equipment shall be in accordance with the plans and
specifications approved by the City. All plans required under this
development contract shall be submitted in electronic format.
2. Inspection. All of the work shall be under and subject to the
inspection and approval of the City and, where appropriate, any
other governmental agency having jurisdiction.
3. Easements. The Developer shall dedicate to the City, prior to
approval of the final plat, at no cost to the City, all permanent or
temporary easements necessary for the construction and
installation of the Developer's Improvements as determined by
the City. All such easements required by the City shall be in
writing, in recordable form, containing such terms and conditions
as the City shall determine.
4. Faithful Performance of Construction Contracts and Bond. The
Developer will fully and faithfully comply with all terms and
conditions of any and all contracts entered into by the Developer for
the installation and construction of all Developer's Improvements and
hereby guarantees the workmanship and materials for a period of one
year following the City's written final acceptance of the Developer's
Improvements. Concurrently with the execution hereof by the
Developer, the Developer will furnish to, and at all times thereafter
maintain with the City, a cash deposit, certified check, or Irrevocable
Letter of Credit, or a Performance Bond, based on one hundred fifty
(150%) * percent of the total estimated cost of Developer's
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Improvements as indicated in Paragraph N b. An Irrevocable
Letter of Credit or Performance Bond shall be for the exclusive
use and benefit of the City of Andover and shall state thereon
that the same is issued to guarantee and assure performance by
the Developer of all the terms and conditions of this Development
Contract and construction of all required improvements in
accordance with the ordinances and specifications of the City.
The City reserves the right to draw, in whole or in part, on any
portion of the Irrevocable Letter of Credit or Performance Bond for
the purpose of guaranteeing the terms and conditions of this
contract. The Irrevocable Letter of Credit or Performance Bond
shall be automatically renewed or replaced by not later than thirty
(30) twenty (20) days prior to its expiration with a like Letter of
Credit or bond.
5. Reduction of Escrow Guarantee. The Developer may request
reduction of the Letter of Credit, Performance Bond, or cash
deposit based on prepayment of 9f the value of the completed
improvements at the time of the requested reduction. The
amount of the reduction shall be determined and approved by the
City Enqineer staff.
P. The Developer shall provide a licensed registered professional engineer
or their duly authorized representative to oversee at the Developer's
expense the Developer's improvements until such improvements are
completed and accepted by the City.
Q. Upon written final acceptance of the Developer's improvements by the
City Enoineer, a one year maintenance bond shall be provided by the
Developer for any areas not covered by the Minnesota Pollution Control
Agency INPDESl erosion control permit. The warranty will include but
not be limited to covering the cost of turf restoration and erosion
control.
3. CITY INSTALLED IMPROVEMENTS CITY'S IMPROVEMENTS. In accordance
with the policies and ordinances of the City, the following described
improvements (hereinafter collectively called the "Improvements") , as
referenced in the plans and specifications adopted by the City Council shall be
constructed and installed by the City to serve the Subdivision on the terms and
conditions herein set forth:
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A. Street grading, graveling and stabilizing, including construction of berms
and boulevards (hereinafter called "Street Improvements")
B. Storm sewers, when determined to be necessary by the City Engineer,
including all necessary marns, catch basins, inlets and other
appurtenances (hereinafter called "Storm Sewer Improvements")
C. Sanitary sewer mains, laterals or extensions, including all necessary
building services and other appurtenances (hereinafter called "Sanitary
Sewer Improvements")
D. Water mains, laterals or extensions, including all necessary building
services, hydrants, valves and other appurtenances (hereinafter called
"Watermain Improvements")
E. Permanent street surfacing, sidewalks/trails (when required) including
concrete curb and gutter (hereinafter called "Permanent Street
Improvements"). Permanent street surfacing shall include the costs
associated with the first sealcoat for the new streets. Cost shall be One
Dollar and no,'100 ($1 .00) per square yard of new street installed (fee
adjusted annually by fee ordinance).
F. Standard street name signs at all newly opened intersections (hereinafter
called "Traffic Signing Improvements")
G. 1. Construction Procedures. All such improvements set out in
Paragraph 3.A-F above shall be instituted, constructed and financed as
follows: The City shall commence proceedings pursuant to Minnesota
Statute 429 providing that such improvements be made and assessed
against the benefited properties. After preparation of preliminary plans
and estimates by the City Engineer, an improvement hearing, if required
by law, will be called by the City Council for the purpose of ordering
such improvements. After preparation of the final plans and
specifications by the City Engineer, bids will be taken by the City and
contract awarded for the installation of improvements under the City's
complete supervision.
2. Security. Levy of Special Assessments and Required Payment
Therefor. Prior to the preparation of final plans and specifications for
the construction of said improvements, the Developer shall provide to
the City a cash escrow or letter of credit in an amount equal to one
hundred twenty-five (125%)* fifteen (16%) percent of the total
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estimated cost of said improvements as established by the City
Engineer.
SECURITY REQUIREMENT (125%)* f-1--6-%): $
Said cash escrow, including accrued interest thereon, or letter of credit,
may be used by the City upon default by Developer in the payment of
special assessments pursuant hereto, whether accelerated or otherwise.
That such cash escrow or letter of credit shall remain in full force and
effect throughout the term of the special assessments, except, the
amount of such escrow or letter of credit may be reduced, upon the
request of the Developer, at the City's option, but in no event shall be
less than the total of the outstanding special assessments against all
properties within the Subdivision. The entire cost of the installation of
such improvements, including any reasonable engineering, legal and
administrative costs incurred by the City, shall be assessed against the
benefited properties within the Subdivision in eioht (8) ton (10) equal
annual installments with interest on the unpaid installments at a rate not
to exceed the maximum allowed by law. All special assessments levied
hereto shall be payable to the City Clerk in semi-annual installments
commencing on April 1 5 of the year after the levy of such assessment
and on each September 1 5 and April 1 5 thereafter until the entire
balance plus accrued interest is paid in full unless paid earlier pursuant to
Paragraph 3.G.3 herein. In the event any payment is not made on the
dates set out herein, the City may exercise its rights pursuant to
Paragraph 3.G.4 hereof. The Developer waives any and all procedural
and substantive objections to the installation of the public improvements
and the special assessments, including but not limited to hearing
requirements and any claim that the assessments exceed the benefit to
the property. In the event the total of all City Installed Improvements is
less than originally estimated by the City Engineer in his feasibility
report, Developer waives all rights they have by virtue of Minnesota
Statute 429.081 or otherwise to challenge the amount or validity of
amounts, or the procedure used by the City 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 levy of the
assessments.
3. Required Payments of Special Assessments bv Developer.
Developer, its heirs, successors or assigns hereby agrees that within
thirty (30) days after the issuance of a certificate of occupancy for a
residence on a lot located within the Subdivision which is assessed for
the cost of such improvements, the Developer, its heirs, successors or
assigns, agrees, at its own cost and expense, to pay the entire unpaid
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improvement costs assessed or to be assessed under this agreement
against such property.
If a certificate of occupancy is issued before the special assessments
have been levied, the Developer, its heirs, successors or assigns shall
pay the City the sum of cash equal to the Engineer's estimate of the
special assessments for such improvements that would be levied against
the property. Upon such payment the City shall issue a certificate
showing the assessments are paid in full. Notwithstanding the issuance
of said certificate, the Developer shall be liable to the City for any
deficiency and the City shall pay the Developer any surplus arising from
the payment based upon such estimate.
4. Acceleration Upon Default. In the event the Developer violates
any of the covenants, conditions or agreements herein contained to be
performed by the Developer, violates any ordinance, rule or regulation of
the City, County of Anoka, State of Minnesota or other governmental
entity having jurisdiction over the plat, or fails to pay any installment of
any special assessment levied pursuant hereto, or any interest thereon,
when the same is to be paid pursuant hereto, the City, at its option, in
addition to its rights and remedies hereunder, after ten (10) days'
written notice to the Developer, may declare all of the unpaid special
assessments which are then estimated or levied pursuant to this
agreement due and payable in full, with interest. The City may seek
recovery of such special assessments due and payable from the security
provided in Paragraph 3.G.2 hereof. In the event that such security is
insufficient to pay the outstanding amount of such special assessments
plus accrued interest the City may certify such outstanding special
assessments in full to the County Auditor pursuant to M.S. 429.061,
Subd. 3 for collection the following year. The City, at its option, may
commence legal action against the Developer to collect the entire unpaid
balance of the special assessments then estimated or levied pursuant
hereto, with interest, including reasonable attorney's fees, and
Developer shall be liable for such special assessments and, if more than
one, such liability shall be joint and several. Also, if Developer violates
any term or condition of this agreement, or if any payment is not made
by Developer pursuant to this agreement the City, at its option, may
refuse to issue building permits to any of the property within the plat on
which the assessments have not been paid.
4. RECORDING AND RELEASE. The Developer agrees that the terms of this
Development Contract shall be a covenant on any and all property included in the
Subdivision. The Developer agrees that the City shall have the right to record a copy
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of this Development Contract with the Anoka County Recorder to give notice to
future purchasers and owners. This shall be recorded against the Subdivision
described on Page 1 hereof. City shall provide to Developer upon payment of all the
special assessments levied against a parcel a release of such parcel from the terms
and conditions of this Development Contract subject to provisions contained in
second paragraph of Section 3.G.3 on page 8.
5. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the
City for all costs incurred by the City including, but not limited, to the actual costs of
construction of said improvements, engineering fees, legal fees, inspection fees,
interest costs, costs of acquisition of necessary easements, if any, and any other
costs incurred by the City relating to this Development Contract and the installation
and financing of the aforementioned improvements.
6. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. Where a platted
street intersects an existing publicly maintained road, the City Building Official will
only may issue building permits on lots that are within 1 50 feet of a hard surfaced
roadway for up to a maximum of 15% of the lot€) within the development for lotc
contiguous 'Nithin the intersection. The 16% of the lots can be separated to multiple
intersection locations or established at one location. In the event lots are more than
150 feet from a hard surfaced roadway, the Developer shall construct a service road
to provide access to these lots as required by the City. The Developer shall submit a
plan to the City for approval identifying the location of the proposed access roads and
the lots being requested for building permits. Building permits can be requested for
the remaining 86% of lots within the development after the first lift of the asphalt has
1 1
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been installed on the street. Except that no buildinQ permit will be issued on any lot
that abuts a pond unless the pond infrastructure is completed accordino to the City
approved plan.
No Certificate of Occupancy permit shall be issued for any house in the plat until the
following have been completed:
A. A letter from the Developer's engineer certifying the plat has been graded
according to the grading, drainage and erosion control plan as approved by
the City. The Developer will notify the City a minimum of two (2) weeks
prior to any Certificate of Occupancy permit beino issued.
B. Removal/treatment of all dead... ef dying or diseased trees, as determined by
City Tree Inspector, from the property at the owner's expense or escrow
for any remaining trees that will need to be removed. Stockpiling the dead
trees on the lot for resident's removal for firewood will be acceptable only
after the lot has been graded to plan.
C. The first lift of street asphalt surface, sanitary sewer. storm sewer and
water main, has been constructed, considered operational, and approved by
the City Enqineer. The Developer will notify the City a minimum of two (2)
weeks prior to any Certificate of Occupancy permit beinq issued required.
D. SoddinQ of the lot is completed as specified by ordinance.
E. Escrowino of incomplete items that are required, such as: trees, driveway.
seeding/soddinq of the lot, and spreadinq of 4 inches of black/oroanic dirt.
F. The Developer will notify the Citv a minimum of two (2) weeks prior to any
Certificate of Occupancy permit being issued to allow adequate time for an
inspection to be completed of all the reauired improvements.
The Developer .....i11 notify the City a minimum of two (2) weeks prior to any
Certificate of Occupancy permit being required.
The Developer further agrees that they will not cause to be occupied, any
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premises constructed upon the plat or any property within the plat until the
I completion of the gas, electric, telephone, cable television, streets to asphalt surface,
sanitary sewer, storm sewer and water main Class 5 subbase, unless the City has
agreed in writing to waive this requirement as to a specific premises.
The City Building Official will issue a stop work cease and desist order for
violation of silt fencing, erosion control and tree protection.
7. CLEANUP. Developer shall promptly clean dirt and debris from streets that has
resulted from construction by the Developer, its agents or assigns. Performance shall
be quaranteed bv the financial ouarantee recited herein. [The City reserves the rioht
to perform such work as necessary and assess all cost to the developer].
7 A. The Developer shall be responsible for rubbish blown off the buildinQ site.
8. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and
construction required by this contract and acceptance by the City, the improvements
lying within the public easements shall become City property without further notice or
action.
9. INSURANCE. Developer and/or all its subcontractors shall take out and
maintain until one (1) year after the City has accepted the private improvements,
public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of the Developer's work
or the work of his subcontractors or by one directly or indirectly employed by any of
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them. Limits for bodily injury and death shall be not less than Five Hundred Thousand
and no/100 ($500,000.00) Dollars for one person and One Million and no/100
($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not
less than Two Hundred Thousand and no/100 ($200,000.00) Dollars for each
occurrence; or a combination single limit policy of One Million and no/100
($1,000,000.00) Dollars or more. The City shall be named as an additional insured
on the policy, and the Developer or all its subcontractors shall file with the City a
certificate evidencing coverage prior to the City signing the plat. The certificate shall
provide that the City must be given ten (10) days advance written notice of the
cancellation of the insurance. The certificate may not contain any disclaimer for
failure to give the required notice.
10. REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer agrees to
reimburse the City for all costs incurred by the City in defense of enforcement of this
contract, or any portion thereof, including court costs and reasonable engineering and
attorneys' fees.
11. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or
phrase in this contract is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect or void any of the other provisions of the
Development Contract.
12. GENERAL.
A. Bindino Effect. The terms and provisions hereof shall be binding upon
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and inure to the benefit of the heirs, representatives, successors and
assigns of the parties hereto and shall be binding upon all future owners
of all or any part of the Subdivision and shall be deemed covenants
running with the land.
B. Notices. Whenever in this agreement it shall be required or permitted
that notice or demand be given or served by either party to this
agreement to or on the other party, such notice or demand shall be
delivered personally or mailed by United States mail to the addresses
hereinbefore set forth on Page 1 by certified mail (return receipt
requested). Such notice or demand shall be deemed timely given when
delivered personally or when deposited in the mail in accordance with
the above. The addresses of the parties hereto are as set forth on Page
1 until changed by notice given as above.
C. Final Plat Approved. The City agrees to give final approval to the plat of
the Subdivision upon execution and delivery of this agreement and of all
required petitions, bond and security.
D. Incorporation by Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let
pursuant to this agreement shall be and hereby are made a part of this
agreement by reference as fully as if set out herein in full.
E. Assiqnment and Third Party Benefits. This development contract cannot
be assigned or transferred without the written consent of the City.
There is no intent to benefit any third parties and third parties shall have
no recourse against the City under this contract.
F. Clerical Revisions. In the event that any technical or clerical revisions
are needed in this document or if for any reason the County Recorder
deems the development contract un-recordable, the Developer shall
cooperate with the City in the execution or amendment of any revised
development contract.
13. REMEDIES FOR VIOLATIONS OF CONTRACT. In the event the tRat Developer,
builder, or any Gubcontractor violates any of the covenants and agreements contained
in this Development Contract and that may te be performed by the Developer,
builder, or Gubcontractor, the City, at its option, in addition to the rights and remedies
as set out hereunder, may refuse to issue building permits to any property within the
15
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plat until such time as such default has been inspected and corrected to the
satisfaction of the City. Furthermore, in the event of default by the Developer as to
any of the work performed by it hereunder, the City may at its option, perform the
work of the Developer and the Developer shall promptly reimburse the City for any
expense incurred by the City within thirty (30) days. Failure to do so shall result in
the City withholdino the letter of credit. If . the plat is a phase of a multi-phase
preliminary plat, the City may refuse to approve final plats of subseauent phases if
the Developer has breached this contract and the breach has not been remedied.
DEVELOPER CITY OF ANDOVER
By By
Mayor
By ATTEST:
By
Clerk
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(June 25, 2002 Draft)
/ "Proposed" DEVELOPMENT CONTRACT
(Developer Installed Improvements)
(Note: Underlining is new language, strike out is language to be removed)
THIS AGREEMENT made this _ day of , 2002
-2-00G, is by and between the City of Andover, whose address is 1685 Crosstown
Boulevard NW, Andover, Minnesota 55304, a municipal corporation organized under
the laws of the State of Minnesota, hereinafter referred to as the "City", and
,whose address is , Minnesota,
hereinafter referred to as the "Developer".
WHEREAS, the Developer has received approval from the City Council for a
proposed plat of land within the corporate limits of the City to be io in the proceso of
/ platting certain property known as ; and
WHEREAS, the Developer desires final plat approval prior to completion of all
on-site improvements as required under the Subdivision Ordinance of the City of
Andover; and
WHEREAS, said Subdivision Ordinance authorizes the City to enter into a
Development porformonco Contract secured by a beAd, cash escrow or letter of
credit to guarantee completion of all such improvements following final approval and
recording of the final plat;
NOW, THEREFORE, in consideration of the mutual promises of the parties
made herein,
IT IS AGREED BY AND BETWEEN THE PARTIES HERETO that the Developer
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will provide all labor and materials to construct the improvements described below
within the plat of according to the plans and specifications attached
hereto and made a part of this Agreement:
ARTICLE ONE
DESIGNATION OF IMPROVEI\IIENTS
Improvements to be installed at the Developer's expense by the Developer as
hereinafter provided are hereinafter referred to as .. Developer's Improvements" .
ARTICLE TWO
DEVaOPER'S IMPROVEI\IIENTS
The Developer will construct and install at Developer's expense the following
improvements according to the following terms and conditions:
A. The Developer shall do all site grading including thA front 100 fAFlt of thA
lots (IInlAss othArwisA rlAtArminACl ~mrl ::IpprovACl hy thA r.ity FnginAFlr),
common greenway and open spaces, storm water storage ponds and
surface.. drainage ways including .. sodding of boulevards, ~AP.rling"or::
sorlding of thA frnnt::lrirlsirlAYarrl~j all in accordance with the approved
grading, drainage and site plan. Furthermore such grading shall provide
for a buildable area on each lot in such size as required by Andover
Ordinance No.1 O. Upon completion of all grading, Developer's engineer
shall certify in writing that the plat is graded to the plans and that all
unbuildable soils are removed within the street right-of-way and within
the buildable area identified herein. The yard shall be graded to allow
the construction of a driveway. A grading plan with maximum two foot
contours and cross sections as necessary shall be submitted and
approved by the City prior to commencement of any site grading.
B. The Developer shall be responsible to maintain the required tree
protection for the development grading until the removal and/or
trA::ItmAnt is approved by the City Tree Inspector. Upon issuance of a
building permit for a lot, the Developer is responsible to notify the
builders and individual owners within the development that they assume
and are responsible for erosion control, tree protection and protection of
water and sewer services.
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/ C. The Developer shall control soil erosion insuring:
1. All development shall conform to the natural limitations presented by the
topography and soil of the subdivision in order to create the best
potential for presenting soil erosion. The Developer shall submit an
erosion control plan, detailing all erosion control measures to be
implemented during construction, said plan shall be approved by the City
prior to the commencement of site grading or construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City shall be installed prior to development when
necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as construction
progresses. The smallest practical area of land shall be exposed at any
one period of time.
4. Where the topsoil is removed, bl~r.k org;:mir. dirt/~nil sufficient arable soil
shall be set aside for respreading over the developed area ~nrl ~I~n
/ ~p-p.rlp.d, m IIIr.hP.rl ~nd rli~k ~nr.hnrp.d. The topsoil (~h~II nnt r.nnt~in
mnrp. th~n 311% ~~nrl) shall be restored to a depth of at least four (4)
inches and shall be of a quality at least equal to the soil quality prior to
development.
D. The Developer shall be responsible to maintain the required tree protection for the
development grading until removal is approved by the City Tree Inspector. Upon
issuance of a building permit for a lot, the Developer is responsible to notify the
builders and individual owners within the development that they assume and are
responsible for erosion control, indllrling ~nddil'lgnfbnIJlev~rrl~!';eRdingdr'
~ndrling nf the front anrl ~ide yard~ nfall Int~ tree protection and protection of
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water and sewer services. Such notification shall not relieve the Developer of the
responsibility for such items as required under this contract. Any violation will be
cause for red tagging the site by the City Building Official, or rle~ignp-p. ~nd all
in~pedinn~ w ill r.ea~e IIntil r.nrredP.rl
E The Developer shall place iron monuments at all lot and block corners and at all
other angle points on boundary lines. Iron monuments shall be placed after all
street and law n grading has been completed in order to preserve the lot markers
for future property owners.
/ F. The Developer shall pay for the installation of all standard street name signs at all
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newly opened intersections within the development. The City shall install all such
signage and Developer shall reimburse the City for the cost thereof by payment in
advance tothe City of the estimated cost thereof.
G. The Developer shall remove and/or trf!at all dead and diseased trees (as
determined by the City Tree Inspector) before building permits will be issued.
H. The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All streets
shall be maintained free of debris and soil until all lots within the Subdivision have
homes constructed upon them. Warning signs shall be placed w hen hazards
develop in streets to prevent the public from traveling on same and directing
attention to detours. If and when the street becomes impassable, such streets
shall be barricaded and closed. In the event residences are occupied prior to
completing streets, the developer shall maintain a smooth driving surface and
adequate drainage on all temporary streets. Pp.rformancp. !';hall bp. gllarantP.P.d by
thf! financial f1"arantf!f! rf!citP.d hp.rf!in
I. The Developer shall furnish street lights in accordance with the City' 5 Street
Lighting Ordinance No. 86. The Developer shall conform to Ordinance No. 86 in
all respects. The City shall order the street lights and Developer shall reimburse
the City for such cost.
General Requirements:
1. Street lighting shall be owned, installed, operated and maintained by the
apprnpriatp. IItility the electric utility company. City and electric utility
company shall enter into a contractual agreement on the rate and
maintenance of the street lighting system.
2. It shall be the responsibility of the Developer to:
a. Advise all lot purchasers of their responsibility for street lighting
operating charges.
b. Pay for street light charges for all lots owned by the Developer.
J. The Developer shall dedicate and survey all storm water holding ponds as required
by the City. The Developer shall be responsible for storm sewer cleaning and
holding pond dredging, as required, by the City prior to completion of the
development. The Developer grants the City the right to enter upon the property
to perform all functions required under this contract and city ordinances.
Pp.rfnrmancp. !';hall bf! gllarantP.P.d by thp. financial glJarantf!f! rf!citP.d hp.rp.in
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K. The Developer shall be responsible for securing all necessary approvals and
permits from all appropriate Federal, State, Regional and Local jurisdictions prior to
/ the commencement of site grading or construction and prior to the City awarding
construction contracts for public utilities.
L. The Developer shall make provision that all gas, telephone, c~hlp. tp.lp.vi!'lion and
electric utilities shall be installed to serve the development.
M. On a corner lot, the front entrance shall face a designated front yard as
determined by the City and the assigned address.
N. The Developer shall construct a group of mailboxes of a uniform design that is
clustered at specific locations approved by the City and coordinated with the
United States Post Office.
O. Cost of Developer's Improvements, description and completion dates are as
follows:
Description of Improvements Estimated Cost Date to be
Completed
1. Site grading and erosion control. $
2. Street maintenance. $
3. Street construction. $
4. Storm sewer construction. $
5. Lot stakes. $
6. Diseased tree removal. $
7. Erosion control/street sweeping $
8. Sodding of bouleva[<;ti
seeding/sodding of. all front and;
side yards (including 4 inches. of
black dirt over the entire yard)*
Total Estimated Construction Cost
for Developer's Improvements $
* Note: The letter of credit/escrow requirement.will be based on one-third of all lots in the development."
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Estimated Legal, 81gineering and
Administrative Fee (15%) $
Total Estimated Cost of Developer $
Improvements
Security Requirement (150%) $
Furthermore, Developer shall be responsible for all of the development costs and fees
shown on Exhibit A, attached hereto and made a part hereof ;:Inri ;:IrloptP.CI by City FP.A
Orrlin;:lnce.
P. Construction of Developer's Improvements:
1. Con!;trllction, The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
All plans required under this development contract shall be submitted in
electronic format.
2. In!;pection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental
agency having jurisdiction.
3. F;:I!;ement!;. The Developer shall dedicate to the City, prior to approval of
the final plat, at no cost to the City, all permanent or temporary easements
necessary for the construction and installation of the Developer's
Improvements as determined by the City. All such easements required by
the City shall be in writing, in recordable form, containing such terms and
conditions as the City shall determine.
4. F;:IithfllI Perform;:lnce of Con!;tnlction Contr;:lct!; and nonrJ. The Developer
will fully and faithfully comply with all terms and conditions of any and all
contracts entered into by the Developer for the installation and construction
of all Developer's Improvements and hereby guarantees the workmanship
and materials for a period of one year follow ing the City's final acceptance
of the Developer's Improvements. Concurrently with the execution hereof
by the Developer, the Developer will furnish to, and at all times thereafter
maintain with the City, a cash deposit, certified check, 0L.an Irrevocable
Letter of Credit, or a Performance Oond, based on one hundred fifty
(150%)* percent of the total estimated cost of Developer's Improvements
as indicated in Paragraph N t. An Irrevocable Letter of Credit or
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Performance Dond shall be for the exclusive use and benefit of the City of
/ Andover and shall state thereon that the same is issued to guarantee and
assure performance by the Developer of all the terms and conditions of this
Development Contract and construction of all required improvements in
accordance with the ordinances and specifications of the City. The City
reserves the right to draw, in whole or in part, on any portion of the Irrevocable
Letter of Credit or rerformance Dand for the purpose of guaranteeing the terms
and conditions of this contract. The Irrevocable Letter of Credit or
rerformance Dand shall ~IJtom~tir.~lIy be renewed or replaced by not later than
thirty (30) tvventy (20) days prior to its expiration with a like letter or bond.
5. RP.fIlldion of R::r.row GlI~mntp.p.. The Developer may request reduction of
the Letter of Credit, rerformance Dond, or cash deposit based on
prepayment or the value of the completed improvements at the time of the
requested reduction. The amount of the reduction shall be determined and
approved by the City Fnginp.p.r staff.
Q. The Developer shall provide a lir.p.m:P.fI registered professional engineer or their
duly authorized representative to oversee, at the Developer's expense, the
Developer's improvements until such improvements are completed and accepted
by the City.
R. Upon writtp.n final acceptance of the Developer's improvements hy thp. City
Fnginp.p.r, a one year maintenance bond shall be provided by the Developer for
any areas not covered by the Minnesota Pollution Control Agency (NPDES}
erosion control permit. The warranty will cover hilt not hp. IimitP.fl to the cost of
turf restoration and erosion control.
S. Upon writtp.n final acceptance of the City maintained improvements lying within
the public easements, a one year warranty bond shall be provided to the City by
the Developer for 25% of the improvement costs unless otherwise directed by
the City Engineer.
T. pp.rm~np.nt ~trp.p.t ~Ilrf~r.ing. ~irlp.w ~lk~/tr~il~ (w hp.n rl'!qllirP.fl) inr.lllrling r.onr.rAtp.
r.llrh ~nrl gllttp.r (hp.rp.in~ftp.r r.~IIp.rl "Pp.rm~np.nt Strp.p.t Improvp.mp.nt!':" ) The
Developer shall be required to pay the costs associated with the first seal coat for
all new streets as a part of the improvement costs for this development. The
cost will be One and no/100 ($1.00) Dollars per square yard of new street
installed (fp.p. ~rljIJ~tP.rl ~nnll~lIy hy fp.p. orrlin~nr.p~.
U St~nd~rrl ~trp.p.t n~mp. ~ign~ ~t ~II np.w Iy opp.nP.fl intp.r~P.r.tion~ (hp.rp.in~ftAr r.~IIP.f1
"Tr~ffir. Signing Improvp.mp.nt~")
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ARTICLE THREE
RECORDING AND RELEASE
The Developer agrees that the terms of this Development Contract shall be a
covenant on any and all property included in the Subdivision. The Developer agrees
that the City shall have the right to record a copy of this Development Contract with
the Anoka County Recorder to give notice to future purchasers and ow ners. This
shall be recorded against the Subdivision described on Page 1 hereof.
ARTICLE FOUR
RaM BURS8\/I ENT OF COSTS
The Developer agrees to fully reimburse the City for all costs incurred by the
City including, but not limited, to the actual costs of construction of said
improvements, engineering fees, legal fees, inspection fees, interest costs, costs of
acquisition of necessary easements, if any, and any other costs incurred by the City
relating to this Development Contract and the installation and financing of the
aforementioned improvements.
The Developer agrees to deposit with the City such sums as required by the
City Administration. Said amount shall bear no interest and the City shall have the
right to pay all fees and expenses and costs which are the obligations of the
Developer under this contract from the aforementioned escrow deposit. Any monies
remaining after the payment of said fees and costs shall be returned to the Developer.
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ARTICLE FIVE
BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY
Where a platted street intersects an existing publicly maintained road, the City
Building Official will only may issue building permits on lot!'; within 1!i0 fAAt of ~ hard
!,;llrfacP.d roadway for up to a maximum of 15% of the lots vv ithin the development
for lots contiguous vv ithin the intersection. The 15% of the lots can be separated to
multiple intersection locations or established at one location. In thA AVAnt lot!'; arA
morA than 1!i0 fP.f!t from a hard !,;llrfacP.d roadway, the Developer shall construct a
service road to provide access to these lots as required by the City. The Developer
shall submit a plan to the City for approval identifying the location of the proposed
access roads and the lots being requested for building permits. Building permits can
be requested for the remaining 05% of lots within the development after the first lift
of the asphalt has been installed on the street. FXCApt that no hlJilding pp.rmit will hp.
i!,;!,;IlP.d on any lot that ahllt!'; a pond IrnIAA!,; thp. pond infra!';trllctllrp. i!'; complp.tp.d
according to thp. r-ity approvP.d plan
No Certificate of Occupancy permit shall be issued for any house in the plat
until the following have been completed:
A. A letter from the Developer's engineer certifying the plat has been
graded according to the grading, drainage and erosion control plan
as approved by the City. Thp. np.vp.lopp.r w ill notify thA r-ity a
minimlJm of two (2) wp.p.k!'; prior to any r-p.rtificatp. of Occupancy
pp.rmit hp.ing i!,;!,;IlP.d
B. Removal or trAatmFmt of all dead.. or dying or di!';Aa!';P.d trees......as
dAtArminP.d by r-ity TrP.f! In!';pp.ctor from the property at the
owner's expense or escrow for any remaining trees that will need
to be removed. Stockpiling the dead trees on the lot for
resident's removal for firewood will be acceptable only after the
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lot has been graded to plan.
, C. The fin::t lift of !::trAet asphalt surface !::anitary !::AW Ar !::torm
!::AWAr ;mrl W::ItAr has been constructed, con!::irlArP.rl opAration::ll,
::Inri ::IpprovP.rI hy thA r.ity FnginAer. ThA DAvAlopAr W ill notify thA
r.ity a minimllm of two (?) WAek!:: prior to any r.ArtificatA of
OcclJpancy pArmit heing n~qlJirP.rl
D. ~oddrrigof thA loti!:: complAtP.rl::l!:: !::pAcifiP.rlhyorrlinance
E FScrowing of incomplAtA item!:: that are rAqlJirArI, !::lJch a!::' trAe!::,
rlrivAway !::AP.rIing/!::orlrling of thA lot anrl !::prAarling of 4 inchA!:: of
hlack/organic rlirt
F. ThA DAvAloper will notify thA r.ity a minimum of two (?) WAek!::
prior to any r.Artific::ltA of OcclJpancy pArmit hAing i!::!::IJP.rI to allow
adAqllatA timA for an in!::per.tion to hA completAd of all thA
rAqlJirArI improvAmAnt!::
The Developer vvill notify the City a minimulII of tvvo (2) vveeks prior to any
Certificate of Occupancy permit being required.
The Developer further agrees that they will not cause to be occupied, any
premises constructed upon the plat or any property within the plat until the
completion of the gas, electric, telephone, cahlA tAIAvi!::ion, streets to a!::phalt !::lIrface,
!::anitary !::AWAr. !::torm !::AWAr, watAr Class 5 subbase, unless the City has agreed in
writing to waive this requirement as to a specific premises.
The Developer shall provide a cash deposit in an amount determined by the
City for inspection of improvements constructed within public easements. Upon
acceptance of these improvements, the City will refund the unused balance of this
deposit to the Developer.
The City Building Official will issue a !::top work cease and desist order for
, violation of silt fencing, erosion control or tree protection.
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ARTICLE SIX
CLEANUP
Developer shall promptly clean dirt and debris from streets that has resulted
from construction by the Developer, its agents or assigns. PArform:mCA !':h~1I hA
gll~r~ntAAd hy thA fin~nci~1 gll~r~ntAA rAcitAd hArAin [City rA!':ArvA!': thA right to
pArform !':lIch work ~!': nACAs!':~ry ~nrf ~SSASS ~II costs to nAvAlopAr] ThA rfAvAlopAr
sh~1I hA rAsponsihlA for rIIhhish hlow n off thA hllilrfing sitA
ARTICLE SEVEN
OWNffiSHIP OF IMPROV8\/IENTS
Upon completion of the work and construction required by this contract and
acceptance by the City, the improvements lying within the public easements shall
become City property without further notice or action.
The Developer shall schedule city inspections through the Engineering
Department a minimum of forty-eight (48) hours prior to constructing city maintained
improvements within the public easements.
Prior to acceptance by the City of the city maintained improvements lying
within the public easements, the Developer shall provide evidence by sworn
construction statement that all contractors who may be entitled to file mechanics
liens have been paid.
ARTICLE 8GHT
INSURANCE
Developer and/or all its subcontractors shall take out and maintain until one (1)
year after the City has accepted the private improvements, public liability and
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property damage insurance covering personal injury, including death, and claims for
, property damage which may arise out of the Developer's work or the work of his
subcontractors or by one directly or indirectly employed by any of them. Limits for
bodily injury and death shall be not less than Rve Hundred Thousand and no/100
($500,000.00) Dollars for one person and One Million and no/100 ($1,000,000.00)
Dollars for each occurrence; limits for property damage shall be not less than Two
Hundred Thousand and no/100 ($200,000.00) Dollars for each occurrence; or a
combination single limit policy of One Million and no/100 ($1,000,000.00) Dollars or
more. The City shall be named as an additional insured on the policy, and the
Developer or all its subcontractors shall file with the City a certificate evidencing
coverage prior to the City signing the plat. The certificate shall provide that the City
must be given ten (10) days advance written notice of the cancellation of the
insurance. The certificate may not contain any disclaimer for failure to give the
required notice.
ARTICLE NINE
REM BURSEI\IIENT OF COSTS FOR DEFENSE
The Developer agrees to reimburse the City for all costs incurred by the City in
defense of enforcement of this contract, or any portion thereof, including court costs
and reasonable engineering and attorneys' fees.
ARTICLE TEN
V AUDITY
If any portion, section, subsection, sentence, clause, paragraph or phrase in
/ this contract is for any reason held to be invalid by a court of competent jurisdiction,
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such decision shall not affect or void any of the other provisions of the Development
Contract.
ARTICLE B.EVeJ
GENERAL
A. Binding Fffect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives,
successors and assigns of the parties hereto and shall be binding
upon all future owners of all or any part of the Subdivision and
shall be deemed covenants running with the land.
B. Noticp.!';, Whenever in this agreement it shall be required or
permitted that notice or demand be given or served by either
party to this agreement to or on the other party, such notice or
demand shall be delivered personally or mailed by United States
mail to the addresses hereinbefore set forth on Page 1 by certified
mail (return receipt requested). Such notice or demand shall be
deemed timely given when delivered personally or when
deposited in the mail in accordance with the above. The
addresses of the parties hereto are as set forth on Page 1 until
changed by notice given as above.
C. Rn~1 P1~t ApprovP.Cl. The City agrees to give final approval to the
plat of the Subdivision upon execution and delivery of this
agreement and of all required petitions, bond and security.
D. Incorpor~tion hy Rp.fp.rp.ncp.. All plans, special provisions,
proposals, specifications and contracts for the improvements
furnished and let pursuant to this agreement shall be and hereby
are made a part of this agreement by reference as fully as if set
out herein in full.
E A!';!';ignmp.nt ~nd Third Party RP.np.fit!';, This development contract
cannot be assigned or transferred without the written consent of
the City. There is no intent to benefit any third parties and third
parties shall have no recourse against the City under this
contract.
F. r-1p.ric~1 Rp.vi!';inn!';. In the event that any technical or clerical
revisions are needed in this document or if for any reason the
County Recorder deems the development contract un-recordable,
the Developer shall cooperate with the City in the execution or
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amendment of any revised development contract.
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ARTICLE rwavE
REIIIIBJIES FOR VIOl ATION5; DREACH OF CONTRACT
In the event the that-Developer, builder, or any subcontractor violates any of
the covenants and agreements contained in this Development Contract and that may
to be performed by the Developer, builder, or subcontractor, the City, at its option, in
addition to the rights and remedies as set out hereunder, may refuse to issue building
permits to any property within the plat until such time as such default has been
inspected and corrected to the satisfaction of the City. FIJrthArmorA, in thA AVAnt of
dAfalJlt hy thA nAvAlopAr as to any of thA work pArformAd hy it hArAlmdAr. thA City
may at its option, pArform thA work of thA nAveloper and the nAvAloper shall
promptly rAimhllrSA thA City for any A)(pAnSe inr.llrrP.CI hy the City within thirty (30)
days F::!ihJrA to do so shall rAslllt in thA City withholding the (AttAr of r.rAdit If the
pl::!t is a phasA of a mIJlti-phasA prAliminary plat, the City m::!y rAfllse to apprnvA final
plats of SIJhSAflIJent phasAs if thA nAvAloper has hre::!r.hP.CI this r.ontr::!r.t and thA
hrear.h has not hp.p.n rAmAdiP.CI
DEVaOPER
CITY OF ANDOVER
By
By
1A
STATE OF MINNESOTA )
) SS.
, COUNTY OF ANOKA )
On this _ day of . 2..0.02. MOO, before me,
a Notary Public within and for said County, personally appeared Mir.h~p.1 R ~~mar.hp.
J. C McKelvey and Victoria Volk, to me known to be respectively the Mayor and
Clerk of the City of Andover, and who executed the foregoing instrument and
acknowledged that they executed the same on behalf of said City.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
, On this _ day of , 2..0.02. MOO, before me, a
Notary Public within and for said County, personally appeared
and , to me known to be
the and of , and who
executed the foregoing instrument and acknowledged that they executed the same
on behalf of said
Notary Public
This instrument was drafted by:
William G. Haw kins and Associates
2140 Fourth Avenue North
Anoka, Minnesota 55303
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