HomeMy WebLinkAbout20070205 - VI-11VI-ll
Memo
To: Mayor Hicks and City Council
From: John Hinzman, Planning Director
Date: February 5, 2007
Subject: Development Agreement -PLEASANT ACRES 2"D ADDITION
REQUEST
The City Council is asked to approve the attached Development Agreement between the
City and the developers PLEASANT ACRES 2ND ADDITION, containing four lot single
family lot and one outlot adjacent to the Water Treatment Facility on North Frontage Road.
The City Council is scheduled to granted Final Plat approval on February 5, 2007. As a
condition of approval, the developer was required to enter into a development agreement
with the city to memorialize conditions of approval.
ATTACHMENTS
• Location Map
• Final Plat
• Development Agreement
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DEVELOPMENT AGREEMENT FOR
PLEASANT ACRES 2ND ADDITION
THIS AGREEMENT is made and entered into this _ day of February, 2007, by and
between the City of Hastings, a Minnesota Municipal Corporation ("City") and Twin Cities Habitat
for Humanity, Inc., a Minnesota Corporation ("Developer"); and
WHEREAS, Developer proposes to undertake the development and construction of a
residential development on property proposed to be platted as "Pleasant Acres 2"`r Addition"
(hereafter referred to as "Subject Property"); and
WHEREAS, the C ity presently owns the Subj ect Property but upon Developer's sati sfaction
of various conditions City will convey the Subj ect Property to Developer for development consistent
with the approved plat and the terms of this Development Agreement; and
WHEREAS, the Hastings City Council has approved the proposed plat of the Subject
Property, subject to Developer signing this Development Agreement and otherwise complying with
all conditions of city council approval.
NOW, THEREFORE, it is hereby agreed between the parties as follows:
f~plication~DevelopmentAgreement. This Development Agreement shall apply
to the following property proposed to be platted in the City of Hastings, Dakota
County, Minnesota, legally described as:
Pleasant Acres 2nd Addition,
according to the plat
thereof, to be filed in the Dakota County Recorder's Office.
This property hereafter shall be referred to as "Subject Property". All references in
this Development Agreement to a lot, block or outlot, shall refer to a lot, block or
outlot contained in the plat of Pleasant Acres 2"d Addition.
2. Parties Authority to Sipn. Developer warrants to the City they have full authority
to enter into this Development Agreement and perform the conditions herein
contained. Developer further warrants that this Development Agreement will be
recorded against the Subject Property before any of the Subject Property is
transferred or encumbered in any way.
3. Densit .The Subj ect Property has been approved for total density of four residential
units.
4. Park Dedication Fees. City of Hastings agrees to waive any park dedication
requirements for the Subject Property.
5. Sewer Interceptor Fees. City of Hastings agrees to waive any sewer interceptor fees
that maybe due for the Subject Property.
6. Devel~er's Promise to Build. The Subject Property is proposed to be given to
Developer by City at no cost in return for Developer's promise to build, or cause to
be built, four single family residential structures on the Subject Property as part of
its Habitat for Humanity Program. Developer hereby agrees that if it does not build
or cause to be built four single family residential structures on the Subject Property
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as part of its Habitat for Humanity Program, it will convey the Subject Property back
to the City at no cost and without any liens of any type being filed against the Subject
Property.
7. Private Road. The Subject Property abuts a private road which was constructed on
property owned by the City but which is subject to an exclusive ingress and egress
easement benefiting property located north of the Subject Property. This exclusive
easement is now held by Hastings Family Housing Limited Partnership. The City
will not convey the Subject Property until City, Developer and Hastings Family
Housing Limited Partnership have reached a written agreement that would allow the
Subject Property to use the private road. Developer agrees that despite this private
road being located on property owned by the City, this is a private road and will not
be maintained, repaired or reconstructed by the City.
8. Separate Water Meters. Developer shall have installed separate water meters and
separate water lines for any irrigation systems installed on the Subject Property.
9. Retainin~Walls and Fence Materials. All retaining walls and fencing constructed
on the Subject Property must match the material and color of those retaining walls
and fencing constructed on the adjacent plat of Pleasant Acres 15` Addition.
10. l7ncompleted Site Work. No Certificates of Occupancy shall be issued for any
building on the Subject Property if there is any uncompleted site work, including
landscaping unless Developer escrows with the City cash in the amount of 125% of
the estimated cost to complete all site work, including landscaping. The amount of
the cash escrow shall be determined by the City.
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ll . Landscaping Plan. Before the City will sign the final plat, Developer must submit
and receive approval of Developer's landscaping plan. This landscaping plan shall
include, but not be limited to, identifying the size, species and method of installation
for all required boulevard and front yard trees, as well as all cul-de-sac islands.
12. Site Grading. The entire Subject Property, i.e. all platted lots and all outlots, shall
be graded at the same time. All site grading on the Subject Property shall be
completed according to the grading plan approved by the City. All disturbed areas
on the Subject Property must be stabilized with a rooting vegetative cover to
eliminate any erosion problems. All disturbed areas on the Subject Property shall
also be maintained so as to comply with all City of Hastings property maintenance
ordinances.
As-Built Grading Plan -Upon completion of site grading, the Developer shall submit
to the Public Works Division for review, an as-built grading plan in a type and format
specified by the Public Works Division showing the newly graded elevations at all
lot corners, critical elevations in drainage ways, one foot contours at ponding and
sedimentation basins, and at ponding level control points for ponding basin
emergency overflow swales.
13. Letter of Credit and Inspection Escrows.
A. Before Developer begins any grading on the Subject Property, Developer
shall post with the City a bond in the amount of 125% of the grading cost.
B. Before the Developer begins any street and utility construction, Developer
shall post with the City a bond in the amount of 125% of the street and utility
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improvement costs. Additionally, before any grading or street and utility
construction commences, Developer shall also post the cash escrow in an
amount determinedby the City's Public Works Director to reimburse the City
for inspection fees that inc~~r for the grading, street and utility construction
inspections. Before Developer begins any grading or any street or utility
construction, Developer shall provide City with proof of liability and
insurance in an amount of at least one million dollars. City shall also be
named as an additional insured on all liability insurance policies used to
satisfy the requirements of this paragraph.
C. All bonds required by this Agreement shall be in a form acceptable to the
City and issued by a company licensed to do business in Minnesota.
D. Maintenance Bond - Prior to accepting or approving the completed
Developer financed and constructed grading and/or street and utility
improvements, the Developer must submit a maintenance bond from
Developer's contractor in the amount of 20% of the improvement costs,
covering a period of one year after City acceptance of the improvements.
14. ~eci ccations -Inspections.
A. Unless otherwise stated, all of the required improvements shall conform to
engineering standards and specifications as required by the City. Such
improvements shall be subject to inspection and approval by, and shall be
made in sequence as determined by the Public Works Division. Plans and
specifications for the requiredimprovements shall be submitted to the Public
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Works Division in a type and format specified by the Public Works Division
for review and approval. The required improvement plan review fee as
established by City Council resolution shall be paid at this time.
B. Inspection of Public Improvements -Construction of all subdivision street
and utility improvements and other required subdivision improvements shall
be inspected by a City designated inspector for compliance with City
standards, and the approved improvement plans and specifications. The
Public Works Director shall determine the estimated cost of inspection
services. The City will pay all improvement inspection costs incurred from
these escrowed funds, and furnish the Developer with copies of all invoices
received. The City will also charge 10% of the consultant fees to cover City
overhead and administration costs connected to the inspection services.
Excess funds will be returned to the Developer upon completion and
acceptance of the improvement project. If the funds deposited with the City
are insufficient to cover the inspection costs, the Developer will be required
to deposit additional funds with the City to cover the estimated overage.
C. As-Built Improvement Plan -Upon completion of the required public
improvements, the City inspector shall prepare a record as-built drawing of
the constructed improvements.
15. Electronic Copies o~'Rerpuired Documents. Before the City will sign the final plat,
Developer shall submit to the City, electronic copies of the plat, plan set record
drawings and gradingplan in an electronic format which is acceptable to the Hastings
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Engineering Department
16. Pro~~erty Monuments. Steel monuments shall be placed at all block corners, lot
corners, angle points, points of curves in streets and at intermediate points as shown
on the Final Plat. Such installation shall be the developer's expense and
responsibility. All U.S., state, county, or other official benchmarks, monuments, or
triangulation stations in or adjacent to the property shall be preserved in precise
position. The Developer shall replace all monuments displaced, damaged or
removed during grading operations. The monuments shall be installed after the final
grading has been completed. The Developer shall provide required certification of
installation to the County. A copy of this certification shall also be sent to the City.
17. Requirements for a Building Permit.
A. No building permits shall be granted on the subject property until such time
as a certified copy of the recorded plat has been filed with the City and
production of proof that all conditions of plat approval have been met. In a
case where the City of Hastings is a party to the platting, a copy of the plat,
certified by the City Clerk as true and correct, shall satisfy the requirements
of this section.
B. No building permits shall be granted on the Subj ect Property lentil such time
that the Developer provides the City with a certified survey indicating that the
entire site as shown on the preliminary and final plats has been graded
pursuant to the approved elevations shown on the preliminary and final plats.
C. No building permits, except for approved sales models, shall be granted on
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the Subject Property until the bituminous base course has been constructed,
sod behind the curb and gutter installed, and sanitary sewer, water main and
storm sewer improvements tested and accepted.
18. Buildii~ Permit Submittal Requirements. An original certificate of survey from a
licensed surveyor is required for all new development, including expansions of
existing buildings. The Building Official may for accessory structures or minor
additions (decks, porches, attached garages), waive the Certificate of Survey
submittal requirements in favor of an approved site plan indicating the location of
existing and proposed structures in relation to lot lines.
A. The Certificate of Survey shall reference and be based on an approved
grading plan.
F3. The Certificate of Survey shall include at a minimum the following
information:
1. Property boundaries.
2. Existing structures.
3. Proposed structures (including driveways).
4. Existing and proposed lot corner elevations.
5. Proposed drainage flow (arrows).
6. Proposed garage floor elevation.
7. Proposed lowest floor elevation.
8. Proposed lowest foundation opening.
9. Proposed top of foundation elevation (front and rear).
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10. Proposed finish grade elevations at building corners.
11. Street right-of--way (to centerline).
12. Existing property monuments.
13. Detailed spot elevations for drainage swales based on the approved
grading plan.
14. Existing and proposed midpoint elevations on side lot lines.
15. Existing top of curb elevations at the extension of side lot lines and
at the midpoint of the lot.
16. On-site sewage treatment system location and potable well location,
if applicable.
C. Survey benchmarks shall be identified on certificate of survey.
I). Field hubs shall be placed onsite by a licensed surveyor to show top of
foundation elevation and setbacks.
19. Foosion Control Plan Requirements (May be identified on Certificate ofSurvey).
A. Silt Fence - A silt fence shall be identified on the erosion control plan. The
silt fence shall be located along the front yard (3 feet from curb or behind
sidewalk), along existing developed yards, and where needed for erosion
control as determined by the City's Engineering Department.
B. Rock Driveways - A rock driveway shall be identified on the erosion control
plan. The rock driveway shall be constructed of CA 1 /CA2 Course Aggregate
1-2" rock - 6" deep per MPCA Manual.
20. Successors and Assigns. This agreement shall be binding upon the successors and
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assigns of the parties hereto and shall run with the land.
21. Recordi~ ofAgreement. An original executed copy of this Agreement shall be filed
with the Dakota County Recorder's Office, which shall give notice to all subsequent
purchasers of the property within the Subject Property of the provisions of this
Agreement. All recording fees shall be paid by Developer.
22. Recording of Final Plat. The final plat of the Subject Property, as approved by the
City, shall be recorded with the Dakota County Recorder's Office, before any
building permit is issued. The final plat for the Subject Property must be submitted
for recording with Dakota County within one year of the City Council's approval or
that approval is automatically void thereafter.
23. Other Conditions. Nothing in this Development Agreement shall limit or modify in
any way the conditions imposed by the Hastings City Cotmcil as part of its approval
of the preliminary plat and final plat of the Subj ect Property, which conditions are on
file at Hastings City Hall and which are incorporated in full into this Agreement by
reference.
24. Miscellaneous.
A. It is agreed that any breach of the terms of this Development Agreement shall
be grounds for the denial of any building permit, certificate of occupancy or
any other required city approvals with respect to the lot or lots to which the
breach directly relates. Developer shallbeprovidedwithnoticeofanybreach
of the terms of this Development Agreement in accordance with the notice
provision hereafter and shall be provided a period of 30 days in which to cure
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the breach. During this 30 day notice, the City shall be allowed to withhold
any required permits, certificates of occupancy or any other City approvals,
unless the City is given assurances in an amount and a form deemed
appropriate in the sole discretion of the City that the breach will be
eliminated.
B. If any portion of this Development Agreement is held in valid for any reason,
that decision shall not affect the validity of the remaining portions of this
Development Agreement.
C. The action or inaction of the City shall not constitute a waiver or amendment
to the provisions of this Development Agreement. All amendments or
waivers to this Development Agreement must be in writing, signed by all
parties and approved by written resolution of the city council.
D. All parties to the Development Agreement have participated freely in the
negotiations and preparation hereof. Accordingly, this Development
Agreement shall not be construed more strictly against any one of the parties
as a result hereof.
E. Any notice required by this Development Agreement shall be sent to the
parties as follows:
TO THE CITY:
City of Hastings
Attn: City Administrator
101 E. Fourth Street
Hastings, MN 55033
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TO THE DEVELOPER:
Twin Cities Habitat For Humanity, Inc.
3001 4"' Street SE
Minneapolis MN 55414
Dated this day of February, 2007.
(SEAL)
CITY OF HASTINGS, A MINNESOTA
MUNICIPAL CORPORATION
By:
By:
Dated this _ day of February, 2007.
ACKNOWLEDGMENT
STATE OF MINNESOTA
ss.
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this _ day of February, 2007 by Paul
J. Hicks and Melanie Mesko Lee the Mayor and Assistant City Administrator/City Clerk of the City
of Hastings, Minnesota.
NOTARY PUBLIC
Paul J. Hicks, Mayor
Melanie Mesko Lee,
Assistant City Administrator/City Clerk
TWIN CITIES HABITAT FOR
HUMANITY, INC.
By:_
Its:
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ACKNOWLEDGMENT
STATE OF MINNESOTA )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of February, 2007 by
Twin Cities Habitat for Humanity, Inc., a Minnesota Corporation.
NOTARY PUBLIC
THIS INSTRUMEiVT DRAFTED BY:
FL UEGEL & MOYNIHAN P.A.
1303 South Frontage Road, Suite #5
Hastings, MN 55033
65]-438-9777
(SMM/ham)
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