HomeMy WebLinkAbout[04f] Final Plat Graceview 5
4(f)
Council Agenda Item
MEETING DATE:
July 7, 2016
AGENDA ITEM:
Final Plat, Graceview Estates 5
SUBMITTED BY:
Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
The Planning Commission
approved the Preliminary Plat in 2001, which was a multi-phased housing development.
PREVIOUS COUNCIL ACTION:
In 2014, the City Council approved the final plat for Graceview
Estates 4 which included the civil plans for both GVE 4 and 5.
BACKGROUND INFORMATION:
Applicant Information: Elite Development LLC, Owner/Developer
Existing Zoning: Planned Unit Development, R-1, Single Family Residential
Future Land Use: Low Density Residential
Location: West and east of Elena Lane
Overall Plat Information:
Access: Access to the plat would be derived from Elena Lane. 66 feet was previously dedicated for
purposes of public right of way.
Lot Requirements would follow R-1 District and PUD Agreement.
Size Use
Block 1, Lots 1-7 Range 15,252-28,426 SF Single Family Detached Homes
Block 2, Lots 1-5 Range 13,644-14,598 SF Single Family Detached Homes
Lot Area: The minimum lot area in the R1 district is 11,000 SF. The lots meet this requirement.
Lot Width and Length: The average lot width in the R-1 district is 75 feet and the minimum lot length
allowed is 125 feet. The lots meet these minimum requirements.
Lot Requirements for R1 PUD -
Front Yard Setback 30 feet
Side Yard Interior Setback 10 feet
Side Yard Street Setback 30 feet
Rear Yard Setback 20% of the depth of the lot
Maximum Building Coverage 30%
Maximum Lot Coverage 50%
Height Limitation 35 feet
Park Dedication Information:
Parkland dedication was previously approved to be a walking trail. An eight foot walking trail
(bituminous or concrete) will be constructed by the developer extending along the west side of Elena
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Lane and west side of 7 Avenue (section that connects with 95 Avenue).
Drainage and Utility Easements:
The plat proposes five foot side yard drainage and utility easements and 10 feet along roadways and a
larger easement for the storm sewer pipeline and drainage infiltration areas on the rear yards of Block 1,
which is consistent with the approved preliminary plans for Graceview Estates subdivision.
The revised Graceview Estates 5 includes the alignment that the City will need for the geometry for Field
Street.
ATTACHMENTS:
Request for Council Action
Application for Subdivision Review
Resolution 2016-034 Authorizing Approval of Final Plat and Execution
of Development Agreement
Final Plat Exhibit
Draft Development Agreement
REQUESTED CITY COUNCIL ACTION:
Authorize the Mayor and Administrator to execute
Resolution 2016-034 approving the Final Plat entitled Graceview Estates 5 and authorizing execution of
the Development Agreement contingent upon the following:
1. All engineering issues are resolved.
2. No building permits shall be issued prior to the improvements being constructed and
installed, including but not limited to the construction and completion of the
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trail/sidewalk and Elena Lane and 7 Avenue SE and removal of the temporary
paved access road.
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,.,��°�.�.��...�,�'���.° City of St. Joseph
CtTV OF ST. )OSEPH Application for Subdivision Review
Application is hereby made for: (Applicant must check any/all appropriate items)
Preliminary Plat �_Final Ptat Review
Planned Unit Development Plan Review Minor Subdivision Review
Land Use Amendment Rezone
APPLICANT INFORMATION:
Name(s): ���+� �Ve�QArY1P.�'1'�' L�� Date: ..�u P_�oZ0��P
Address: ����� ��� �5'�'('�.P.�' �QY'�'l ; c�. ��o ttic� � �1� ���0 �
Phone Number(s): �(`� - ��� - �S��
Email Address: C�.� r k�l� � Ch,VYIU l� � �b YY1
INFORMATION ON PROPERTY OWNER(if different from Appticant):
Property Owner: � QXY`�.. O�� C1 �O 0 U P
Address:
Telephone: Email:
PROJECT INFORMATION:
Parcel Identification Number(s)of Property: ��� S 3 S33. bl Q S `F- `��. ��S?,3, D l q(o
Lega1 Description of Property(may be attached instead of listed):
C��A-tlo� F� 4 Ot.�.ttn-h �f ��fY.�CO 1t�PLt� E�. +es I�tL�C�TY'dtlt.0� �i
-��- r�e�o-rd��J m 4 c� �-1-��r�e.c f_
Name of Plat: �'�t^c1C2�) 12.�� �S�Ct�"'P,�S �
Gross Area: `f�. � �0 �(`,X-�°S
Number of Lots: � Z
Name of Pending Street Naxne(s)Included in Development: �_�Q Y1� 0.11�
Name of Laud Surveyor/Engineer: � 1.V1 c�L�, ��'0 l,l7Y'1 � ��1`�C- �U'�UQ,U 0'1^
Address of Land Surveyor/Engineer: ��I 7 ��r� �� �Z� '_ 5+• ��� 1"6(�
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St.Joseph Application for Subdivision Review Page f 1
►� l �
Does the proposed Preliminary Plat/PUD require a land use amendment and/or rezoning?No Yes_
If yes,please complete Appendix A—Land Use Amendment/Rezoning Materi�l Application(attached).
Land Use Amendment: From To
Rezoning: From To
Is the proposed Preliminary Plat consistent with design standards and other requirements of the City of St.
Joseph Subdivision Ordinance,Zoning Ordinance,and Comprehensive Plan? Yes No
Describe the physical characteristics of the site,including but not limited to,topography;erosion and flooding
potential;soil limitations;and,suitability of the site for the type of development or use contemplated:
Describe the fiscal and environmental impact the proposed development will have on adjacent property owners
and the City of St.Joseph.
If application is for PLTfl,provide a statement that generally describes the proposed development,the market
which it ini�nds to serve,its demand in relation to the City's Comprehensive Plan,and how the development is
designed,ananged and operated in order to permit the development and use of neighboring property in
accordance with the regulations and goals of the City.
St.Joseph Applicotion for Subdivision Review Page�2
I/We understand that any work to be done will require reimbursement to the City for engineering,consulting,
mapping or studies that may have to be done in conjunction with this subdivision.This includes any fees in
conjunction with preliminary or final plats.In addition,a check for the appropriate fee(s)must be subxnitted
along with the application.By signing this application below,UWe are hereby acknowledging this potential
cost.
�__—___.-- � �r�
Applicant Signaiure Da e
- �'-- �� --�'�
o Owner's Signature Date
Annlicable Fees:
Preliminary Plat Minor— 1 to 2501ots $300+$5 per lot
Major->2501ots $500+$S per lot
Preliminary Escrow Minor— 1 to 2501ots $3,0(�1.00
Major->2501ots $5,000.00
Final Plat $200.00
anne Unit Development 800.00
Land Use Amendment $500.00
Rezoning Request $500.00
St JosephApplication forSubdivision Review Page�3
Resolution 2016-034
RESOLUTION APPROVING THE FINAL PLAT
Graceview Estates 5
WHEREAS,
the St. Joseph Planning Commission held a public hearing on the preliminary plat of
Graceview Estates on December 3, 2001, at which time all persons wishing to be heard regarding the matter
were given an opportunity to be heard; and
WHEREAS,
the City Council adopted a resolution approving the preliminary plat as presented; and
WHEREAS,
a final plat for Graceview Estates 5 has been submitted which indicates that the final
plat is consistent with the preliminary plat.
WHEREAS,
the proposed plat has been reviewed by the city engineer; and
BE IT RESOLVED
that the City Administrator and Mayor are hereby authorized to execute the
Developer Agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA:
That the final plat of Graceview Estates 5 be approved with the following conditions:
1. All engineering issues are resolved.
2. Required improvements shall be constructed and installed prior to the issuance of a building
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permit being issued, including but not limited to the construction of the trail, Elena Lane and 7
Avenue SE.
3. The temporary paved access road shall be removed upon completion of Elena Lane.
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Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 7
day of July, 2016.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens, Administrator
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CITY OF ST. JOSEPH
DEVELOPER AGREEMENT
(For Graceview Estates 5)
THIS AGREEMENT, made and entered into this ____ day of ____________, 2016, by and
between Elite Development, LLC, hereinafter called “Developer”, and the City of St. Joseph,
Minnesota, a municipal corporation, hereinafter called the “City”.
WITNESSETH:
WHEREAS, the Developer is the Owner of certain Real Property known as Graceview Estates, 5
which is legally described on Exhibit A, (hereinafter called the “Property” or “Development” or
“Development Property”) attached hereto and made part hereof; and
WHEREAS, the Development Property is part of a PUD entitled Graceview Estates which was
approved in 2001 and amended in 2006; and
WHEREAS, the final plat submitted to the City for approval is consistent with the amended PUD
approved in 2006; and
WHEREAS, it is the purpose of this Developer Agreement for the Graceview Estates 5
development project to set forth the rights and duties of the City and Developer regarding the
improvements required for the Graceview Estates 5 Development; and
WHEREAS, the Developer has submitted to the City for approval the final plat for Graceview
Estates 5; and
WHEREAS, the City’s Code of Ordinances allows the City to require a Development Agreement
to provide for inspection and review during the construction of the Project;
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS
HEREBY AGREED AS FOLLOWS:
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1.0REQUEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN
APPROVAL AND PLAT APPROVAL
1.1Request for Development Plan Approval and Plat Approval: The Developer has
asked the City to grant final approval of the Development Plan for the Project to be
constructed on the Property and to grant final approval of a plat which will be
called Graceview Estates 5.
1.2Conditions of Development Plan Approval and Plat Approval: The City, after
requisite notice and hearing, has granted final approval of the Development Plan
and final approval of the Plat subject to the terms and conditions of this agreement.
2.0RIGHT TO PROCEED
The Developer may not grade or otherwise disturb the earth, remove trees, construct
sewer lines, water lines, streets, utilities, public or private improvements, or any
buildings, until all the following conditions have been satisfied: (1) this Agreement has
been fully executed by both parties and filed with the City Administrator; (2) the required
security for performance of the Developer’s obligations have been received by the City;
(3) the City has issued a letter that all conditions have been satisfied and that the
Developer may proceed, which letter will not be unreasonably withheld or delayed; and
(4) the Plat and this Agreement have been recorded with the Stearns County Recorder’s
Office.
DEVELOPER CONSTRUCTED IMPROVEMENTS.
3.0
Improvements. The Developer agrees to construct those improvements itemized
3.1
below, (hereinafter known as the “Improvements”):
Check all that apply:
X Water Main
X Storm sewer
X Storm Water Treatment Ponds – must be graded to plan approved by
City Engineer
X Concrete Curb and Gutter
X Sanitary Sewer
X Sidewalks/Trails
X Street Name Signs
X Regulatory and Warning Signs
Turning and Bypass Lanes
On-Site Wetland Mitigation
X Erosion Control
X Street Lighting (LED)
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X Private Utilities – to include: natural gas, telephone, electricity and
cable television
The Improvements itemized above shall include all necessary appurtenant items
of work as determined by the City.
The improvements noted above that are public improvements (site grading,
water main, storm sewer, stormwater treatment ponds, concrete curb and gutter,
sanitary sewer, bituminous streets, bituminous pedestrian trail, street signs,
regulatory and warning signs, erosion control, and street lighting) shall be
dedicated to the City as provided in paragraph 3.15 of this Agreement.
The following improvements are private improvements: on-site wetland
mitigation, house pad and lot grading, and private utilities. Private
improvements shall remain the property of the Developer and under the control
and maintenance of the Developer, its successors and assigns.
3.2 Project Specific Requirements for Developer.
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(a)The public streets of Elena Lane and 7 Avenue SE connecting to 95
Avenue shall be constructed to City specifications and the temporary paved
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access road between Elena Lane and 7 Avenue SE shall be removed and
established into turf upon completion of the public street connection of
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Elena Lane to 7 Avenue SE. No building permits shall be issued prior to
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construction and completion of the public streets of Elena Lane and 7
Avenue SE and removal of the temporary paved access road.
(b)Developer shall maintain continuous vehicular access to the parcels along
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95 Avenue, south of the proposed development.
(c)Developer shall provide temporary water service to properties adversely and
temporarily affected by any construction dewatering activities.
3.3Completion Deadlines. The Developer agrees to proceed with said Improvements
entirely at its expense, and to complete said improvements by November 30,
2016, except for final wear course which shall be completed pursuant to the
following schedule: if the utilities (water main, sanitary sewer, and storm
sewer) are completed by December, 2016, then the final wear course must be
constructed by June, 2017. If the utilities are not completed by December, 2016,
then the final wear course must be installed on or after June, 2017, and before
September, 2017. Under no circumstances can the final wear course be installed
until they are subjected to one annual freeze/thaw cycle.
3.4Engineering Services. The Developer will retain an engineer satisfactory to the
City to prepare complete construction Plans and Specifications for The
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Improvements. The Developer shall make his engineer aware of the provisions
in this Agreement. The Developer’s engineer shall:
(a)Arrange for soil borings in accordance with Exhibit B and/or such other
subsurface investigations as the City may require.
(b)Prepare construction plans, specifications, and estimate in accordance with
Exhibit B.
(c)Secure all necessary permits including those required by the Minnesota
Pollution Control Agency, the Minnesota Department of Health, the
Department of Natural Resources, Stearns County, Sauk River
Watershed District, or any other regulatory agency that has jurisdiction.
(d)Submit items one (1) through eight (8) on Exhibit “C” prior to beginning
any construction in the development.
(e)Complete an Environmental Assessment Phase I, if necessary and any
other related environmental documents, reports, or studies as may
reasonably be required by the City.
(f)Provide all necessary construction staking and related survey work. The
finished surface of the street aggregate base shall be blue-topped.
(g)Provide construction administrative services on behalf of the Developer,
including the following: review shop drawings, coordinate construction
staking, monitor permit requirements, monitor site grading and erosion
control work designated as developer’s responsibility in Exhibit “D”,
process applications for payment, prepare change orders, monitor
completion dates, coordinate field issues with Contractor and Developer,
participate in final inspection. Prepare operation and maintenance
manuals in accordance with Exhibit “B”. Submit items nine (9) and ten
(10) on Exhibit “C” in a timely manner during construction.
(h)Prepare record drawings. Submit item eleven (11) on Exhibit “C” to the
City Engineer within 30 days of receiving field measurements from the
City’s on-site representative. Record drawings shall include locational
measurements to all water and sewer mains, manholes, valves, catch
basins, and sewer/water services. Developer will submit evidence of site
grading, to include conformance of house pad elevations with the
grading plan.
(i)Prepare and submit such other documentation as the City may require.
3.5 The City Engineer shall:
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(a)Provide such City project standards, including special details, insurance
requirements and specifications, as the City may require.
(b)Review and recommend acceptance of Plans and Specifications.
(c)Provide a City Representative as a resident project representative (RPR)
for public improvement construction observation throughout the
construction period.
(d)Assist the Developer’s engineer and contractor in collecting field
information for use in preparing record drawings for the publicly-
dedicated improvements.
(e)Conduct a final inspection and review final construction documentation.
(f)Recommend Acceptance of Improvements to the City.
3.6Cost Escrow. The Developer shall bear the cost of the above noted City
Engineering Services, consultant services, City Attorney services, and City
Administrator costs and shall, upon execution of this Agreement, place in
escrow with the City cash or irrevocable letter of credit in the amount of
$15,000.00 which shall be applied to the payment of the cost of said services.
Should the escrowed amount exceed the cost to the City, the City shall return to
the Developer all unused funds, including accumulated interest. Should the
expense to the City exceed the above amount, the City will notify the Developer
of additional amounts to be paid into the escrow account. The Developer shall
fund the escrow account in the amount requested by the City within 15 days
after notice. No building permits shall be issued until the escrow account is
funded as requested by the City.
The Developer shall pay a reasonable fee for in-house administration of the
development by the City staff and the City’s consulting professionals to include
but not be limited to engineers, planners and attorneys. City administration will
include monitoring of construction observation, consultation with Developer and
his engineer on the status of or problems regarding the project, coordination for
final inspection and acceptance, project monitoring during the warranty period,
and processing of requests of reduction in security. The Developer shall pay for
construction monitoring performed by the City’s consulting professionals at
their customary hourly rates. Construction monitoring shall include fulltime
inspection for buried utility and street construction and part time inspection for
all other improvement work by the City Engineer.
3.7City as Third Party Beneficiary. The City shall not have any direct contractual
relationship with the Contractor, but shall be considered a third party beneficiary
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to the contract entered between the Developer and the Contractor. The City
shall not be liable to the Contractor for the Developer's breach of a duty to the
Contractor.
3.8Easements. The Developer shall make available to the City, at no cost to the City,
all permanent and temporary easements necessary for installation and
maintenance of The Improvements.
3.9Insurance. The Developer shall provide evidence of Comprehensive General
Liability and Broad Form Property Damage Insurance including contractual
coverage in the amount of at least $1,000,000 per occurrence and $1,000,000
aggregate and excess or umbrella coverage of $1,000,000 per occurrence and
$2,000,000 aggregate. The Contractor shall be required to carry a broad form
Property Damage Endorsement or similar thereto for Explosion, Collapse, and
Underground (XCU) general liability insurance coverage. The City and City
Engineer shall be named as an additional insured on such policy by
endorsement. The Developer's insurance certificate shall be in a form approved
by the City, and shall be delivered to the City at least three days prior to the
commencement of any work on the Improvements. Such insurance shall remain
in full force and effect through the end of the warranty period described in
Section 3.12.
The Developer shall cause each person with whom Developer contracts for the
construction and installation of any Improvements to provide evidence of
insurance. Said coverage shall include Contractor’s General Liability,
Owner/Engineer Protective Liability, Automobile Liability, Contractual
Liability, and Worker’s Compensation coverage. The Developer, or each person
with whom the Developer contracts shall obtain excess or umbrella liability
coverage of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate.
The City and the City Engineer shall be named as an additional insured on such
policy by endorsement.
The Developer shall provide builder's risk insurance if there are any structures to
be constructed as part of the development (lift stations, pump houses, etc.). All
insurance coverage shall be provided in accordance with City specifications.
3.10Performance Security. Prior to the actual construction of the Improvements
pledged to be constructed by the Developer, then in that event, the Developer
shall post with the City a bond, irrevocable letter of credit or dedicated escrow
account satisfactory to the City (the "Security") in the estimated amount of 1.25
times the Engineer's Estimate of the likely costs of such improvements,
conditioned upon the faithful construction of the improvements according to the
Plans and Specifications, and final approval of the City Engineer, and the terms
of this Development Agreement. As the improvements are partially completed,
the Developer may request the City to release a portion of the Security
representing the cost of the completed improvements as determined by the City
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Engineer, but at all times there shall be Security in an amount of at least 125%
of the estimated cost of the unfinished improvements. If the construction
contracts are under the control of one Prime Contractor, the Prime Contractor
may provide the performance security required by this section.
3.11Labor and Materialman's Bond. Upon execution of this Agreement, the
Developer shall also provide the City with a labor and materialman's bond,
guaranteeing the payment of all workmen performing labor or services, and all
supplies or materialmen providing materials for the Improvements. This bond
shall not be released until the Developer has provided the City Engineer with
proof of payment of all laborers and materialmen in the form of release, signed
receipts, or lien waivers. If the Developer contracts with a single Prime
Contractor, and all construction contracts are under control of the Prime
Contractor, the Prime Contractor may provide the laborer and materialmen bond
required by this section as long as the Prime Contractor agrees to waive any lien
rights for the labor and/or material provided by the Prime Contractor.
3.12Warranty Bond. The Developer shall fully and faithfully comply with all the
terms of any and all Contracts entered into by the Developer for the installation
and construction of all The Improvements and hereby warrants and guarantees
the workmanship and materials for a period of two years following the City's
final acceptance of the Improvements. In addition to the Security required by
Section 3.10 herein, the Developer hereby warrants and shall post a warranty
bond, warranting the condition of the materials and workmanship of the
improvements for a period of two years following the City's final acceptance of
the Improvements. If any claims are made in writing within the warranty period,
the bond shall not be released until such claims are resolved.
3.13Completion Date and Inspection. The work the Developer is to perform under
this Agreement must be done and performed by Developer in a good and
workmanlike manner and completed by the date set in paragraph 3.3 of this
Agreement. The storm sewer, water and sewer mains, roadways, and all other
improvements called for in the Plans and Specifications will be subject to the
inspection and approval of the City and the City Engineer, and in case any
material or labor supplied shall be rejected by the City or the City Engineer, as
defective or unsuitable, then such rejected material or labor shall be removed
and replaced with approved material or labor, to the satisfaction and approval of
the City, entirely at the cost and expense of the Developer.
3.14Damage to City Infrastructure. Developer shall promptly repair, at the
Developer’s expense, any damage to the City’s existing infrastructure. Repairs
shall be to original condition or better.
3.15Dedication of Utilities and Roadways. Developer will dedicate to the City, after
their completion, all water and sewer mains, storm sewer mains, storm sewer,
roadways and other structures located in the right-of-ways on the Development
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Property shown in the Plans and Specifications. Developer will provide to the
City any and all necessary easements and/or dedications or deeding to ensure
that the City has the ability to maintain, repair, replace or modify the sewer and
water mains, storm sewers, and holding and sedimentation ponds located on the
Development Property.
4.0 PHASED DEVELOPMENT
If the development and improvements which are the subject of this Agreement are a portion of a
multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if
the Developer has breached this Agreement and the breach has not been remedied. Development
of subsequent phases may not proceed until Development Agreements for such phases are
approved by the City.
5.0 CHANGES IN OFFICIAL LAND USE CONTROLS
For two (2) years from the date of this Agreement, no amendments to the City’s Comprehensive
Plan or official land use controls shall affect the use, development density, lot size, lot layout, or
dedications of the development which is a part of this Agreement unless required by State for
Federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding
anything in this Agreement to the contrary, to the full extent permitted by State and Federal law,
the City may require compliance with any amendments to the City’s Comprehensive Plan,
official controls and platting or dedication requirements enacted after the date of this Agreement.
6.0 GENERAL TERMS AND CONDITIONS
6.1 Attorney Fees. The Developer agrees to pay the City reasonable attorney's fees,
to be fixed by the Court, in the event that suit or action is brought to enforce the
terms of this Agreement.
6.2 Proof of Title. The Developer hereby warrants and represents to the City, as
inducement to the City's entering into this Agreement, that Developer's interest
in the Development is fee owner. Prior to execution of this Agreement, the
Developer shall provide the City with a title opinion prepared by a licensed
attorney and directed to the City stating the condition of title of the property, or
other proof of title acceptable to the City.
6.3 Binding Effect on Parties and Successors. The terms and provisions of this
Agreement shall be binding upon and accrue 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 Development and shall be
deemed covenants running with the land. Reference herein to Developer, if
there be more than one, shall mean each and all of them. This Agreement, at the
option of the City, shall be placed on record so as to give notice hereof to
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subsequent purchasers and encumbrances of all or any part of the Development
and all recording fees shall be paid by the Developer.
6.4 Notice. Any notices permitted or required to be given or made pursuant to this
Agreement shall be delivered personally or mailed by United States mail to the
addresses set forth in this paragraph, by certified or registered mail. Such
notices, demand or payment shall be deemed timely given or made when
delivered personally or deposited in the United States mail in accordance with
the above. Addresses of the parties hereto are as follows:
If to the City at: City Clerk/Administrator
City of St. Joseph, P.O. Box 668,
St. Joseph, MN 56374
If to the Developer at: Elite Development, LLC
Attn: Rick Petty
1370 Sunrise Court, Suite 6000
Clearwater, MN 55320
6.5 Acceptance and Ownership of Improvements. The City will accept said public
improvements or portions thereof, upon recommendation by the City Engineer
that, to the best of his knowledge and belief, the improvements have been
completed in conformance with the terms of this Development Agreement and
all documents incorporated herein by reference. Upon completion of the work
and construction required by this Agreement and final approval and acceptance
by the City, the public improvements lying within public easements and/or
public right-of-way in the development shall become City property without
further notice or action.
6.6 Incorporation of Documents by Reference. All general and special conditions,
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 if fully set out herein in full.
6.7 Indemnification. The City and its officers, agents and employees shall not be
personally liable or responsible in any manner to the Developer, contractor or
subcontractors, materialmen, laborers, or to any other person or persons
whomsoever, for any claims, demands, damages, actions, or causes any action of
any kind or character whatsoever arising out of or by reason of the execution of
this Agreement, or the design, performance, and completion of the work and the
improvements to be provided by Developer pursuant to this Agreement. The
Developer shall hold the City and City Engineer harmless from claims by third
parties, including but not limited to other property owners, contractors,
subcontractors and materialmen, for damages sustained or costs incurred
resulting from plat approval and the development of the Property. The
Developer shall indemnify the City for all costs, damages or expenses, including
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engineering and attorney's fees, which the City may pay or incur in consequence
of such claims by third parties.
6.8 License to Enter Land. The Developer hereby grants the City, its agents,
employees, officers and contractors a license to enter the Property to perform all
work and/or inspections deemed appropriate by the City during the development
of the Property.
6.9 Streets.
(a)During any period of spring weight restrictions, when the streets within
the Development have the first lift of pavement, but prior to final
acceptance of the improvements by the City, the Developer shall post
signage at each entrance to the Property as notice restricting access to
vehicles with an axle weight of seven tons or less.
(b)The Developer shall promptly clean any soil, earth or debris from streets
in or near the Development resulting from construction work by the
Developer or its agents or assigns as often as necessary and as directed
by the City for public safety and convenience. In the event the
Developer fails to clean the streets within 48 hours of the direction of the
City, the City may undertake the work and seek reimbursement from the
security provided by the Developer as set forth in paragraph 3.10 of this
Agreement, or alternatively, assess the cost against property owned by
the Developer within the City.
(c)Any damage to existing City streets due to construction activities within
the development shall be repaired to the satisfaction of the City at the
Developer’s expense.
6.10Erosion Control. The Developer shall comply with all requirements of the
“General Storm Water Permit for Construction Activity” issued by the
Minnesota Pollution Control Agency for construction activities and with the
tasks on Exhibit “D” designated as the Developer’s responsibility. In addition,
the City may impose additional erosion control requirements if in the opinion of
the City Engineer such requirements are necessary to retain soil and prevent
siltation of streams, ponds, lakes, or other adjacent properties, or of City utility
systems. The Developer shall comply with the erosion control plans and with
any such additional instruction it receives from the City. All areas disturbed by
the excavation and backfilling operations shall be reseeded forthwith after the
completion of the work in that area. Seed shall include rye grass or other fast
growing seed to provide a temporary ground cover as rapidly as possible. All
seeded areas shall be mulched and disc-anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling erosion.
6.11Site Grading.
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(a)Site grading shall meet all of the requirements set forth in the City’s
Development Manual, and in the General Storm Water Permit for
construction.
(b)When the site grading has been completed:
1.The Developer shall verify by field survey that the site grading has been
completed in accordance with the accepted grading plan submitted with
the preliminary plat documents, as modified by the construction plans.
The Developer shall submit the record site grading plan to the City for
approval within thirty (30) days of completion of the construction and
before the issuance of a building permit.
2.Elevations shall be taken on all lot corners, all buildings pads, and on
drainage breaks, ponding sites, ditches, and swales. Arrows shall show
how the lot is to drain.
3.The approved site grading plan shall become the Development Plan.
4.The Developer shall make the Development Plan that identifies the
proposed structure/foundation style available to subsequent owners of
the lots purchased from the Developer, and to their builders. Upon
completion of the final lot grading by the lot owner, elevations shall
closely match, as determined by the City Engineer, those set forth on the
Development Plan.
6.12Certificate of Compliance. This Agreement shall remain in effect until such time
as Developer shall have fully performed all of its duties and obligations under
this Agreement. Upon the written request of the Developer and upon the
adoption of a resolution by the City Council finding that the Developer has fully
complied with all the terms of this Agreement and finding that the Developer
has completed performance of all Developer's duties mandated by this
Agreement, the City shall issue to the Developer on behalf of the City an
appropriate certificate of compliance. The Acceptance of the Improvements
contracted in accordance herewith by the City does not constitute a certificate of
compliance and does not release the Developer from ongoing duties or
responsibilities arising under this contract. The issuance of a Certificate of
Compliance does not release the Developer or any Surety from warranty
responsibilities arising under Section 3.12 herein.
6.13Public Land Contribution. The Developer shall dedicate as public park the
walking trail as designated on the final plat, Exhibit “E" and shall be responsible
for the maintenance of the walking trail for a period of two (2) years after the
trail has been accepted by the City.
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6.14Time of Performance. The Developer shall install all required improvements for
the Development prior to the issuance of building permits by the City, with the
exception of the final wear course of asphalt on streets. The wear course on
streets shall be installed between June 15 and September 15 the first summer
after the base layer of asphalt has been in place one freeze-thaw cycle and
subject to the time requirements in Section 3.3 of this Agreement. The
Developer may, however, request an extension of time from the City. If any
extension is granted, it shall be conditioned upon updating the security posted by
the Developer to reflect cost increases and the extended completion date. Final
wear course placement outside of this timeframe must have the written approval
of the City Engineer.
6.15Ponds.
(a)Dedication of Pond Areas. The Developer will dedicate to the City public
drainage and utility easements for the property shown for storm water or
sedimentation and treatment pond purposes on the Preliminary Plat and/or
as required by the Plans and Specifications. Said dedication shall include
an access drive to the pond site. Developer will dedicate the drainage and
storm sewer utility easements shown on the Preliminary Plat and/or as
required by the Plans and Specifications. The Developer agrees that all
treatment and sedimentation ponds and drainage easements as shown on
the Preliminary Plat or as required by the Plans and Specifications are
required for the development of the Development Property.
(b)Cleaning of Ponds. At such time as the City Director of Public Works
determines that construction on the Development Property has been
sufficiently completed so as not to cause significant erosion which will
contaminate the holding ponds servicing the Development Property,
Developer will clean/dredge all holding ponds and storm water pipes on
the Property. In the event the ponds require cleaning/dredging prior to the
completion of all such construction, the City Director of Public Works
may request that the Developer complete more than one cleaning of the
storm water ponds.
(c)Security Deposit. To insure that holding ponds serving the Development
Property are cleaned, and to insure that the Development is properly
cleaned pursuant to Section 8.9(b), the Developer will deposit with the
City $5,000.00 (which shall be placed in an interest bearing account with
interest accruing to the benefit of the Developer) or provide the City with
an irrevocable letter of credit in form and substance acceptable to the City.
Said deposit will be refunded to Developer (or the letter of credit released)
upon satisfactory cleaning of holding ponds and streets on the
Development Property. The City Engineer may release portions of said
deposit as ponds and streets are cleaned. Developer is responsible for all
permits relating to cleaning and dredging of ponds, including permits
12
required by the Department of Natural Resources and the Army Corps of
Engineers.
(d)Buffer Area Adjacent to Ponds. All ponds servicing the Development
Property whether such ponds are located on City owned property,
easements running in favor of the City or on private property must
maintain a minimum of an 8 foot natural buffer from the high water mark.
Notwithstanding the above, one access to each pond may be created by the
City in a location determined by the City in its sole discretion. Developer
shall be responsible for the cost of signage around said buffer areas
indicating that the buffer is part of a wetland restoration project which
may not be distributed without the written permission of the City. Said
signs shall be posted in locations reasonably determined by the City.
6.16Storm Water. The Developer shall pay for storm water and drainage
improvements on the current development phase the greater of either (a) $.20
per square foot of the “Net Developable property”, or (b) the actual cost (labor
and materials) plus related engineering cost for storm water improvements.
“Net Developable Property” is defined as the gross land area minus street right-
of-way and other land area dedicated to the public. The Developer shall pay
$_____________ based upon Net Developable Property of _________ square
feet. “Storm Water Improvements” are defined as all storm sewer pipe, catch
basins, manholes, riprap, and holding ponds installed by the Developer’s
Contractor. If the Developer does not expend at least $.20 per square foot of Net
Developable Property on storm water improvements, Developer shall remit the
difference between the amount actually spent on storm water improvements and
the $.20 per square foot to the City. This cost differential will be used for
downstream storm water improvement costs which may have been, or will be,
incurred by the City. Developer shall provide the City with a schedule of values
for storm sewer improvements when the project is substantially compete. Upon
approval by the City of the schedule of values, the City will invoice the
Developer for the amount due. Payment is due within two weeks of the date of
the invoice.
6.17Monuments. Developer may place, at Developer’s sole cost and expense,
identification monuments on the entrances to the Development Property
pursuant to City Ordinance regulations. The location and type of monuments
must be approved by the City Engineer prior to installation. Prior to installation
of any monuments on the Development Property, Developer must create an
association to maintain said monuments. The association documents must be
approved by the City’s attorney and originals provided to the City’s attorney for
recording against the Development Property.
6.18Reimbursement of City's Costs. The Developer shall reimburse the City for all
costs, including all reasonable engineering, legal, planning and administrative
expenses, incurred by the City in connection with all matters relating to the
13
negotiation, administration and enforcement of this Agreement and its
performance by the Developer. Developer shall also reimburse the City for any
add-to-construction costs related to the installation of street lighting or private
utilities within the Development. Developer shall also be responsible for the
cost of acquiring and installing street signage consistent with that used in other
recent developments within the City. Such reimbursement shall be made within
14 days of the date of mailing the City's notice of costs. If such reimbursement
is not made, the City may place a hold on all construction or other work related
to the Development, or refuse the issuance of building permits until all costs are
paid in full. The City may further declare a default and collect its costs from the
security deposited in accordance with Section 3.10 of this Agreement.
6.19Renewal of Security. If any escrow account or bond deposited with the City in
accordance with this Agreement shall have an expiration date prior to the
Developer's obligations hereunder being complete, the Developer shall renew
such security or deposit substitute security of equal value meeting the approval
of the City at least thirty (30) days prior to the expiration of such security.
Failure to post such alternate security or renew such security shall constitute a
default and the City may place a moratorium on all construction or other work
related to the Development, refuse the issuance of building permits, and declare
the entire amount thereof due and payable to the City in cash. Such cash shall
thereafter be held by the City as a security deposit in the same manner as the
security theretofore held by the City.
6.20Platting. Developer must include all of the Development Property in the final plat
of the first phase of the development, with future phases of the development
platted as Outlots. The final plat must be recorded prior to the City or
Developer initiating the installation of public and private improvements on the
Development Property.
6.21Utility Location. Developer agrees that all utilities within the Development will
be installed underground, including without limitations electrical, telephone,
cable television and natural gas. Developer may receive an exemption from this
requirement if Developer demonstrates to the City Engineer that underground
utilities would not be physically possible. Any exemption shall be limited to the
minimal area necessary.
6.22Plat Dedication. Upon approval and execution of this Agreement, the City shall
approve the final plat provided it otherwise meets the requirements of the City's
Ordinance governing Subdivisions. If the Plat contains the dedication of an
easement, the use of property within the area of an easement is specifically
restricted by prohibiting the construction of any structure or fence, planting trees
or shrubs, gardens or other landscaping, or storing of personal property within
the area of the easement which could delay, restrict or impede access within the
easement area by a person or vehicle.
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6.23Street Lighting and Signage. Developer shall be responsible for the cost of
purchase and installation of LED street lights and street signs. Developer will
name all streets within the Development in accord with City Ordinance
regulations. The improvement shall not be accepted until installation of street
lights and street signs are completed.
6.24Wetlands. Developer shall take the following precautions to protect any wetlands
within the Property, as that term is defined in Minnesota Statute Section
1038.005, Subd. 19;
(a)Upon completion of the site grading, place signs on any lots containing
wetlands or drainage easement providing notice of the location of the
wetland or drainage easement. The signs shall be in a form and size as
prescribed by the City and available for purchase through the City
Administrator/Clerk’s office. The location and number of signs for each
lot shall be as required by the City Engineer.
(b)Prohibit filling of wetlands so long as Developer is the owner of the
affected lot.
(c)Developer will, simultaneous with recording of the initial plat for the
Development Property, provide an easement and development restriction
to the City protecting the wetlands areas located within lots shown on the
Preliminary Plat. Said easement and development restriction shall be
drafted by the City Attorney and must provide that the wetlands located
on the lots shown on the Preliminary Plat may not be filled or distributed
without the permission of the City, which it may deny in its sole
discretion, and any other applicable agency. Developer will provide
signs on the Development Property indicating the location of the
protected wetlands. All signs and locations must be approved by the
City prior to installation.
(d)Notwithstanding anything in this Agreement to the contrary, the
Developer shall be responsible for all wetland mitigation which is
required for construction of any of the public and private improvements,
and Developer shall be responsible for all wetland mitigation which may
be required because of work done by or under the direction of the
Developer in the areas designated as future park. Developer will
complete and pay for all permitting costs, including monitoring as
required by the permit, credit purchases, and/or other mitigation costs
which may be involved. The City may, however, take action to
minimize charges or costs to the City in the event the Developer fails to
obtain all permits and complete all mitigation which may be necessary
for the construction of the public and private improvements and/or work
in future parklands.
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6.25 SAC/WAC and Trunk Charges.
(a)Water and Sewer Connection Charges. In addition to the other
assessments and costs as set out herein and regardless of whether the
Developer or the City install the public and private improvements on the
Development Property or any part of the Development Property, the
Development is subject to water and sewer access charges in accordance
with the adopted fee schedule and Ordinance 44. The water and sewer
access charges are paid at the time of building permit issuance.
(b)Water and Sewer Area Trunk Charges. Any lot in Graceview Estates 5
being serviced by the County Road 121 Lift Station will be subject to a
trunk charge as follows: Water $ per lot; Sewer $ per lot.
Trunk charges are due and payable at the time of building permit
issuance.
6.26 Plowing Snow during winter carry-over. The Developer shall allow one winter
to pass after the bituminous base course has been placed before constructing the
bituminous wear course. The wear course will typically be placed near the end
of the construction season following winter carry-over. The city will plow those
streets necessary for reasonable access to lots where building permits have been
issued provided the following conditions have been met:
(a)The Developer is current on all requirements in this Developer Agreement.
(b)The “as-built” grading plan has been completed and all grading and
erosion control items are current.
(c)Private utilities have been installed.
(d)All sanitary sewer and water main items have been tested and approved.
(e)Storm sewer, concrete curb and gutter and bituminous base course have
been constructed to project specifications.
(f)All signage is in place.
(g)All valve box and manhole castings have been set below the surface of the
bituminous base course and are accessible (castings will be adjusted
with risers before placing the bituminous wear course).
Any damage to the curb and gutter or other improvements due to snow plowing
operations will be repaired by the Developer before placing the final wear
course. The Developer will remove any snow banks or piles that have
accumulated due to snow plowing operations that restrict access to building
16
sites. Snow plowing in new developments will typically be scheduled after other
existing streets have been plowed.
6.27Default and Remedies. If Developer fails in any way to perform or observe any
covenant, condition, or obligation contained in this Agreement the City may do
any, all or any combination of the following: (i) halt all further approvals
regarding platting, improvements or issuance of building permits or occupancy
permits relating to the Development Property, (ii) seek injunctive relief, (iii)
terminate this Agreement and all of the obligations contained herein without
terminating Developer’s obligation to reimburse the City for costs it has incurred
with regard to this Agreement or the Development Property; (iv) draw on or
utilize any funds or other security which have been provided to the City pursuant
to this Agreement; and/or (v) take any other action at law or in equity which
may be available to the City.
6.28Assignment. This Agreement may not be assigned by Developer except upon
obtaining the express written consent of the City. Unless expressly released by
the City, Developer shall remain obligated to fulfill the duties required under
this agreement.
6.29Integration. This Agreement contains all of the understandings and agreements
between the parties. This Agreement may not be amended, changed, or
modified without the express, written consent of the parties hereto.
6.30Execution in Counterparts. This Agreement may be executed in any number of
counterparts.
6.31Representation. JKA, Ltd. represents the City with regard to this Agreement.
Developer is hereby advised to seek independent legal advice prior to execution
of this Agreement.
6.32Additional Terms. The following additional terms are being made a part of this
Development Agreement to continue in force and effect as though they were
dedications of the plat, unless according to their terms are intended to terminate
earlier:
(a)The Developer shall file protective covenants for the Subdivision in the form
attached hereto as Exhibit “F”.
(b)The Developer guarantees payment of all assessments levied against any of
the Property relative to the construction of the Plan A Improvements. The
Developer also agrees to immediately reimburse the City for any principal or
interest payable on bonds issued by the City to finance Plan A Improvements
if assessments collected are insufficient to cover the payment.
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Signed and executed by the parties hereto on this _____ day of ____________, 2016.
CITY OF ST. JOSEPH
ATTEST
By _________________________ By
Judy Weyrens Rick Schultz
City Administrator Mayor
DEVELOPER
ELITE DEVELOPMENT, LLC.
By____________________________________
Allen Keller
Co-Owner of Elite Development, LLC
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2016 by Rick Schultz and Judy
Weyrens, the Mayor and City Administrator respectively, of the City of St. Joseph a Minnesota
municipal corporation, on behalf of said City.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
STATE OF MINNESOTA )
)ss
COUNTY OF )
On this [[607,2374,783,2431][12][,I,][Times New Roman]]_______ [[783,2374,1323,2431][12][,,][Times New Roman]]day of ________________ [[1322,2374,1348,2431][12][,,][Times New Roman]],
[[1348,2374,1448,2431][12][,,][Times New Roman]]2016 [[1448,2374,1460,2431][12][,,][Times New Roman]] [[1460,2374,2248,2431][12][,,][Times New Roman]], before me, a notary public
within and
for said County, personally appeared _______________________, to me personally known,
who, being each by me duly sworn, did say that he is the _______________of the company
named in the foregoing instrument, and acknowledged said instrument to be the free act and deed
of said company.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
18
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
THIS DOCUMENT DRAFTED BY:
City of St. Joseph
25 College Ave N
PO Box 668
St. Joseph, MN 56374
19
EXHIBIT A
Legal Description of the Property
Outlot A and Outlot B Graceview Estates 4, according to the recorded plat thereof, Stearns
County, Minnesota.
20
EXHIBIT B
CONSTRUCTION DOCUMENT REQUIREMENTS
Soils Analysis
(1)
Location map showing boring and piezometer locations
Soil boring logs
R-Values or Soil Factors used for design
Structural recommendations for streets and trails
Engineer’s Preliminary Estimate and Final As-Built Costs
(2)
Itemized quantities
Unit prices
Construction Plans
(3)
Title sheet with general location map and index
Typical Sections for streets, driveways, parking lots, trails, and landscape features
Typical Details for sanitary sewer, water main, storm sewer, sedimentation and holding
ponds, curb gutter and sidewalk, and erosion control items
Complete schedule for sanitary and storm sewer structures
Traffic Management Plan showing how construction traffic will be routed from the
collector/arterial network to the site, phasing plans, detours, and seasonal load restrictions
Grading and Surface Restoration Plan showing excavation/embankment balance, building
pad elevations, hold-downs, house types for each pad, spot elevations at lot corners,
overflows, and other critical areas, drainage arrows showing how all surface water is
intended to drain, provisions for private utility installation, and site access locations
Landscape Plan if shrubs, trees, or other plantings are to be provided
Erosion Control Plan
Striping, Signage, and Street Lighting Plan
Plan and profile sheets for streets and storm sewer, with match lines between sheets,
including temporary cul-de-sacs between phases, and any turning/bypass lane
requirements of Stearns County.
Plan and profile sheets for sanitary sewer and water main, with match lines between
sheets, showing existing conditions and proposed construction, and showing stations for
all stubs and service connections
Construction Specifications/Project Manual
(4)
Advertisement/Invitation for bids
Complete bid schedule
Basis of award if alternate bids are called for
Performance and payment bond forms approved by the City
General Conditions
Special/supplementary provisions including the following:
Contractor’s liability insurance
21
Related work at the site (private utilities, other contractors)
Correction period (2-year warranty)
Mediation as means for dispute resolution
Substantial and final completion dates (allow for holding off on wear course)
22
EXHIBIT B (continued)
Ownership/disposition of excess excavation materials
Field office
Shop drawing and submittals process
Laboratory testing requirements including an itemized list of tests to be conducted
Soil borings
Storm Water Pollution Prevention Plan (SWPPP) including provisions for dewatering
Operation and Maintenance Manuals
(5)
Documents for all mechanical and electrical equipment
Record Drawings
(6)
Final modifications to details and typical sections
Final location for all pipes, valves, manholes, catch basins and sewer/water services
Final modifications to pipe sizes and materials
Final elevations for all pipe and structure inverts
23
EXHIBIT C
CONSTRUCTION DOCUMENT SUBMITTAL
Soils analysis
(1)
Two (2) bound copies submitted prior to design
Engineer’s Preliminary Estimate
(2)
Seven (7) copies with plans and specifications
Construction Plans
(3)
Seven (7) reduced scale (11”x17”) copies
Two large scale (22”x34”) copies
Construction Specifications/Project Manual
(4)
Seven (7) bound copies
Completed Bid Forms
(5)
Two (2) copies of the actual low bid
Two (2) copies of a complete tabulation of all bids submitted
Contractor’s Bond and Insurance
(6)
Two (2) copies of the performance bond
Two (2) copies of the payment bond
Two (2) copies of the contractor’s insurance certificate
Two copies of the executed agreement between contractor and developer
Permits
(7)
Two (2) executed copies of all permits
Two (2) executed copies of all storm water permit transfers or modifications
Two (2) executed copies of all storm water permit subdivision registrations
Two (2) copies of NPDES Transfer or Termination Form
Schedule
(8)
Two (2) copies of contractor’s schedule including updates
Shop Drawings and Change Orders
(9)
Two (2) copies of shop drawings with final revisions
Two (2) executed copies of all change orders and/or supplemental agreements
Operation and Maintenance Manuals Two (2) sets of bound documents
(10)
Record Drawings
(11)
Two (2) reduced scale (11x17) copies
One (1) electronic copy in autocad or microstation format
24
Final itemized, as-built, construction costs and quantities for street, stormwater, sanitary
(12)
sewer and watermain improvements
.
25
EXHIBIT D
EROSION CONTROL PROCESS
Task Responsible PartyAction By
Prepare SWPPP and obtain General Developer (private) or Developer’s Engineer if private
StormWater Permit from MPCA. City (public) project. project, City Engineer if public
project.
Establish erosion/sediment control and Developer (private) or Contractor
mass grade the site. City (public) project.
Place topsoil, seed, mulch except on Developer (private) or Contractor
boulevards and front yard utility City (public) project.
easements. Bring transformer pads to
grade. Wait for private utilities.
After curb and gutter is in, install private Developer. Private Utility companies.
utilities in easement area.
After utilities are in, construct sidewalk. Developer (private) or Contractor
City (public) project.
Place topsoil, seed, and mulch on Developer (private) or Contractor
remaining disturbed areas. City (public) project.
Complete “as-built” survey for all site Developer (private) or Developer’s Engineer if private
grading. This now becomes the City (public) project. project, City Engineer if public
“Development Plan” project.
Place silt fence behind curb (or sidewalk) Developer (private) or Contractor
throughout development. City (public) project.
Set Property Irons. Developer Developer’s Surveyor
Transfer permit to Developer when City City Engineer
construction is complete.
Sell lot. Issue MPCA homeowner fact Developer Developer
sheet, and make Development Plan and
SWPPP available to Builder.
Submit building permit application. Include Owner Builder
site survey and MPCA “Subdivision
Registration”.
Issue building permit. City Building Inspector
Construct 24’ wide opening in silt fence at Owner Builder
driveway and place rock entrance. Place
additional silt fence as necessary to keep
soil on lot.
Maintain silt fence and other Developer, or Owner if Developer, or Builder if sold.
erosion/sediment control items. sold.
26
Sweep streets as required. Developer Developer, or City if agreement
to back charge Developer.
Submit certified lot survey showing final Builder Builder
structures and lot elevations.
Issue Certificate of Occupancy. City City
Submit “Notice of Termination” to MPCA Developer Developer
within 30 days of final site stabilization and
removal of all non-builder silt fence and
other erosion/sediment control items.
27
EXHIBIT E
PUBLIC LAND DEDICATION
28
EXHIBIT F
PROTECTIVE COVENANTS
29