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HomeMy WebLinkAbout[04] DA Amendment, Ehlert ,41/L49,10,--,--A/\. TOWNSHIP OF CITY OF ST.JOSEPH SAINT JOSEPH PO BOX 668 PO BOX 585 St.Joseph MN 56374 St.Joseph MN 56374 320-363-7201 320-363-N 25 56 Jweyrens@cityofstjoseph.com MEETING DATE: December 13,2016 AGENDA ITEM: Development Agreement Amendment CLC Partners BACKGROUND INFORMATION: In 2016 the JPB approved the execution of a Development Agreement between the Joint Planning Board and CLC Partners for the development of River Ridge Estates,a single family housing development. The DA included a provision that the first lift of pavement be completed no later than September 2016. Since that has not been completed the Board should consider an amendment extending the date. The developer is seeking to change the requirement to June 30,2017. As a reminder the final lift is completed after a freeze thaw period, so the final lift will be changed to 2018. ATTACHED INFORMATION: Request for Action Development Agreement REQUESTED ACTION: Provide direction on the date for completion. THIS PAGE INTENTIONALLY LEFT BLANK SUBDIVISION AGREEMENT FOR River Ridge Estates f THIS AGREEMENT IS MADE AND ENTERED INTO this ) day of ,`��'r' l ,2016,by and between the St. Joseph Joint Planning Board,a public body pursuant to Statutes 414.0 325, hereinafter referred to as"JPB"and CLC Partners, LLC,a Minnesota Limited Liability Corporation, hereinafter referred to as"Developer". WITNESSETH: WHEREAS,on November 18,2014,the JPB conducted a public hearing to consider the request of the Developer to rezone the property legally described in Exhibit A from the current Urban Expansion(UE)to Residential 10;and WHEREAS,on November 18,2014,the JPB extended the 60 day land use requirement an additional 60 days tabling further discussion on the rezoning of said property;and WHEREAS,on January 5,2015,acting on the recommendation of the JPB,the St. Joseph City Council and the St.Joseph Town Board approved the rezoning request to allow a seventeen lot(sixteen residential lots and one outlot)subdivision entitled River Ridge Estates; and WHEREAS,on August 11,2015,the JPB conducted a public hearing to consider the preliminary plat for River Ridge Estates; and WHEREAS,the conditions of approval of said plat are stated in this agreement;and WHEREAS,the Developer is providing assurances herein to induce the JPB to provide the final plat approval; and WHEREAS,the JPB has the power and right to enter into this Agreement to approve the final plat of the subdivision known as River Ridge Estates;and WHEREAS,the purpose of this Agreement is to define the rights and obligations of the Developer with respect to the final approval,by the JPB,of the subdivision known as River Ridge Estates. NOW THEREFORE,in consideration of the mutual promises and agreements contained herein,the parties do agree as follows: 1.0 REQUEST AND CONDITIONS OF PLAT APPROVAL 1.1 Request for Plat Approval.The Developer has asked the JPB to grant final plat approval for a residential subdivision entitled River Ridge Estates. The legal description for the land is described in Exhibit A. 1.2 Conditions for Approval.The JPB hereby grants final approval of the plat subject to the conditions that the Developer enters into this Agreement, furnish the security in a form acceptable as required by various provisions of this agreement,and record the plat with the County Recorder within 30 days after the JPB approves the plat. 1.3 Ghost Plat: The JPB has required the developer to include a ghost plat to facilitate the conversion of the Rivers Bend Plat to urban development after annexation. The future lots illustrated on Exhibit B must remain open space and no structure or driveway shall be constructed within that area. 2.0 RIGHT TO PROCEED The Developer may not grade or otherwise disturb the earth,remove trees,construct private or public improvements,or any buildings,until all the following conditions have been satisfied: (1)this Agreement has been fully executed by both parties an files with the JPB Board;(2)the necessary security has been received by the JPB;(3)the plat and this Agreement have been recorded with the Stearns County Recorder's Office or acknowledgement has been received that the plat is in the process of being recorded;(4)the JPB has issued a letter that all conditions have been satisfied and the Developer may proceed. 3.0 DEVELOPER REQUIREMENTS 3.1 Sewage Treatment a. Declaration of Restrictions. In order to protect the two Individual Soil Treatment System(ISTS)areas on each lot for sewage treatment use,the ISTS sites shall be protected and maintained in an undisturbed and natural state. b. Designation on Preliminary Plat. The two ISTS areas on each lot shall be designated on the preliminary plat,and staked/fenced-off and protected in the field prior to any ground disturbing activity. 3.2 Wetlands.The developer shall be allowed the deminimus exemption found in Minnesota Rules 8420.0420, subpart 98; or successor rules shall not be used for the purposes of draining or filling wetlands located within said plat.All wetlands within the plat will require a 25' building setback. a. 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. 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 JPB may,however,take action to minimize charges or costs to the JPB 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. b. Ingress and egress access to the Sauk River through the floodplain and wetland shall be limited to a dock or boardwalk-type structure and shall comply with the Wetland Conservation Act and Section 10.1 of Stearns County Land Use and Zoning Ordinance#439, or successor ordinance. c. A portion of the plat contains floodway areas as shown on Exhibit C.All activities within the floodway shall be in compliance with Section 10.1.7 of Stearns County Land Use and Zoning Ordinance#439, or successor ordinance. 3.3 Construction Site Management. Construction site Best Management Practices(BMPs) shall be required during construction of any new structure in accordance with Section 7.10 of the Stearns County Land Use and Zoning Ordinance 439; or successor Ordinance. 3.4 Lot Restrictions.Due to the topography and site characteristics,the following lots contain building restrictions: a. Vegetation. A vegetative alteration application shall be submitted with the construction site permit application for Lots 4, 5,6,7, 8 Block 1. b. All structures shall be located outside of the 100 year floodplain. In order to protect them for sewage treatment use,the two soil treatment areas on each lot,as designated on the preliminary plat,shall be staked and roped off prior to any ground disturbing activity on each lot. 3.5 Public Right of wav and Easement Requirements.The Developer shall be required to provide all easement documents for review by the City/Township Engineer/Attorney prior to recording of the plat.The following right of way and easements are required to be noted on the final plat: a. Drainage and Utility Easements. 1. Drainage ditch between Lots 7 and 8,Block 1 between Cayley Court and the Sauk River 2. Protection of the 100-year floodway, 100-year flood plain,and Storm water treatment pond and outfall. b. The Developer will donate and dedicate to Stearns County a controlled access restriction,being the right of ingress to and egress from,along the right of way of County Road 121. 3.6 Public Improvements. The Developer shall be responsible for the construction of the road and required storm water facilities and they shall be in conformance with the construction plans attached as Exhibit D. The Public Improvements are subject to the following: a. Design Standard. The road shall be designed to meet nine(9)ton design standards,at a minimum. i. Construction of the road and related storm water facilities shall be the responsibility of the developer and shall be in conformance with both the stormwater management and erosion control plan approved as part of this plat and attached as Exhibit E. b. Inspection. The construction of the roads and storm water facilities shall be inspected and accepted by the designated engineer. All costs associated with inspection services shall be the responsibility of the Developer. c. Improvements. The Developer agrees to construct those improvements itemized below, (hereinafter known as the"Improvements"): Check all that apply: X Site Grading X Storm Sewer/Culverts X Street Name Signs X Storm Water Treatment Systems X Turning and Bypass Lanes X Regulatory and Warning Signs X_ Erosion Control X_ Street Lighting X On-site Wetland Mitigation-must be approved by appropriate regulatory agency X_ Private Utilities to include multiple alternative energy options such as geo thermal and LP,telephone,and electric. d. The following improvements noted above are public improvements: site grading and erosion control within the public rights of way, storm sewer and street culverts, bituminous streets and turn lanes, street signs,regulatory and warning signs, street lighting. Public improvements shall be dedicated to the Township as provided in paragraph 8.4 of this Agreement. The Improvements itemized above shall include all necessary appurtenant items of work as determined by the JPB. e. The following improvements are private improvements: private lot and house pad grading,private driveway culverts,erosion control outside the public street rights of way,on-site wetland mitigation,storm water treatment ponds,ISTS sites and systems,domestic wells, and private utilities. Private improvements shall remain the property of the Developer and under the control and maintenance of the Developer, its heirs and assigns. 3.7 Completion Deadlines. The Developer agrees to proceed with said Improvements entirely at its expense,and to complete said improvements by September 30,2016, except for final bituminous wear course which shall be completed pursuant to the following schedule. The final wear course must be installed on or after June 15,2017, and before June 15,2018. Under no circumstances can the final wear course be installed until the street is subjected to one annual freeze/thaw cycle. 3.8 Engineering Services.The Developer will retain an engineer satisfactory to the JPB to prepare complete construction Plans and Specifications for The 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 D and/or such other subsurface investigations as the JPB may require,including pavement design supporting information and storm water treatment pond soil infiltration properties. b. Prepare construction plans and specifications,and estimate in accordance with Exhibit D. c. Secure all necessary permits including those required by the Minnesota Pollution Control Agency,the Department of Natural Resources, Steams County, Sauk River Watershed District,or any other regulatory agency that has jurisdiction. d. Provide all necessary construction staking and related survey work. e. 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 as required,process applications for payment,prepare change orders,monitor completion dates,coordinate field issues with Contractor and Developer,participate in final inspection. f. Prepare record drawings. Submit to the Township Engineer within 30 days of receiving field measurements from the Township's on-site representative.Record drawings shall include locational measurements to all culverts,storm sewer, and drainage structures.Developer will submit evidence of site grading,to include conformance of house pad elevations with the grading plan. 4.0 PERMITS AND FINANCIAL OBLIGATIONS 4.1 NPDES Permit. The Developer is required to secure a NPDES Permit since more than one acre of land will be disturbed as a result of the construction within the entire River Ridge Estates.The permit requires the creation and implementation of a Storm Water Pollution Prevention Plan(SWPPP).A copy of the permit must be provided to the JPB prior to any construction. 4.2 Improvement Escrow. Prior to the actual construction of the Improvements pledged to be constructed by the Developer,then in that event,the Developer shall post with Stearns County a bond,irrevocable letter of credit or dedicated escrow account(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 Township Engineer, and the terms of this Development Agreement. As the improvements are partially completed,the Developer may request the Township to release a portion of the Security representing the cost of the completed improvements as determined by the Township 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. 4.3 Warranty 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 Township's final acceptance of the Improvements. In addition to the Security required by Section 4.2 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 Township'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. 4.4 Insurance. 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 JPG and designated 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 JPB,and shall be delivered to the JPB 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 4.3 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$2,000,000.00 in the aggregate. The JPB and the designated Engineer shall be named as an additional insured on such policy by endorsement. All insurance coverage shall be provided in accordance with JPB specifications. 4.5 Damage to Public Infrastructure. Developer shall promptly repair,at the Developer's expense,any damage to the County's and Township's existing infrastructure. Repairs shall be to original condition or better. 4.6 Dedication of Utilities and Roadways. Developer will dedicate to the Township, after their completion, all storm sewer mains,street culverts,roadways and other structures located in the right-of-ways on the Development Property shown in the Plans and Specifications. Developer will provide to the Township any and all necessary easements and/or dedications or deeding to ensure that the Township has the ability to maintain,repair,replace or modify the sewers and culverts located on the Development Property. 5.0 PROJECT SPECIFIC REQUIREMENTS 5.1 Park Land Dedication.The JPB shall receive a Park Dedication fee in the amount of$ 8,000.00 5.2 Storm Water Infrastructure—Long Term Maintenance. The Developer shall be responsible for the maintenance of the facility(ies)in accordance with the Storm Water Agreement attached as Exhibit E. (b) Cleaning of Ponds. At such time as the designate Engineer 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 designated Engineer may request that the Developer complete more than one cleaning of the holding ponds. 6.0 RURAL DEVELOPMENT. The plat entitled River Ridge Estates is located in an agricultural area and the construction, expansion and operation of animal feedlots and other agricultural uses are permitted adjacent to the plat. The Developers acknowledge that future buyers may be exposed to the sights, sounds, smells, and conditions of modem agriculture and shall provide written notice of such agricultural conditions prior to entering in a purchase agreement with buyers of the property. 7.0 FUTURE DEVELOPMENT IMPACTS 7.1 Orderly Annexation Area.The plat of River Ridge Estates is located in the Orderly Annexation of the City and Township of St. Joseph.Property included in the Orderly Annexation area is subject to annexation into the City at some point in the future.The following should be considered: a. Future Subdivision of lots. In the future the City will extend city services(streets, curbs,gutters, sanitary sewer,water, and storm sewer)into the property. As a means of keeping future costs of such services reasonable,the Developer has provided a "ghost plat"which sets forth the location of future streets,lots,and blocks when City services become available. The"ghost plat"is attached to this agreement as Exhibit B. The Developer,its heirs and assigns, agrees to locate buildings on the plat of River Ridge Estates that do not overlap future lots,blocks and streets as set forth in the attached"ghost plat". b. Future Assessments.The Developer, its heirs and assigns, agrees not to object or contest the future costs associated with the improvements to be installed to serve the River Ridge Estates and the future subdivisions of the property as set forth in the "ghost plat"or amendments thereto. 8.0 GENERAL TERMS AND CONDITIONS 8.1 Proof of Title.The Developer hereby warrants and represents to the JPB,as inducement to the JPB'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 JPB with a title opinion prepared by a licensed attorney and directed to the JPB stating the condition of title of the property,or other proof of title acceptable to the JPB. 8.2 Binding Effect on Parties and Successors.The terms and provisions of this Agreement shall be binding upon and accrue to the benefits 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 JPB, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Development and all recording fees shall be paid by the Developer. 8.3 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 JPB at: Township of St.Joseph PO Box 585 St. Joseph,MN 56374 AND City of St.Joseph PO Box 668 St. Joseph,MN 56374 If to the Developer at: Cory Ehlert CLC Partners,LLC PO box 99 St.Joseph,MN 56374 8.4 Acceptance and Ownership of Improvements. The JPB will accept said improvements or portions thereof,upon certification by the designated 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 JPB, the improvements lying within public easements in the development shall become public property without further notice or action. 8.5 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 the Agreement shall be and herby are made a part of this Agreement by reference as if fully set out herein in full. 8.6 Indemnification. The JPB 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 JPB and designated 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 JPB for all costs, damages or expenses,including engineering and attorney's fees, which the JPB may pay or incur in consequence of such claims by third parties. 8.7 License to Enter Land. The Developer hereby grants the JPB, its agents, employees, officers and contractors a license to enter the Property to perform all work and/or inspections deemed appropriate by the JPB during the development of the Property. 8.8 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 JPB, 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 JPB for public safety and convenience. In the event the Developer fails to clean the streets within 48 hours of the direction of the JPB, the JPB may undertake the work and seek reimbursement from the security provided by the Developer as set forth in paragraph 4.2 of this Agreement, or alternatively, assess the cost against property owned by the Developer within the Township. (c) Any damage to existing JPB streets and County highways due to construction activities within the development shall be repaired to the satisfaction of the JPB and County at the Developer's expense. 8.9 Erosion 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 E designated as the Developer's responsibility. In addition,the JPB may impose additional erosion control requirements if in the opinion of the designated Engineer such requirements are necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of JPB utility systems. The Developer shall comply with the erosion control plans and with any such additional instruction it receives from the JPB. 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. 9.0 Street Lighting and Signage. Developer shall be responsible for the cost of purchase and installation of street lights and street signs. Developer will name all streets within the Development in accord with Ordinance regulations.The improvement shall not be accepted until installation of street lights and street signs is completed. 9.1 Reimbursement of JPB's Costs. The Developer shall reimburse the JPB for all costs, including all reasonable engineering, legal, planning and administrative expenses, incurred by the JPB in connection with all matters relating to the negotiation, administration and enforcement of this Agreement and its performance by the Developer. Developer shall also reimburse the JPB 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 Township. Such reimbursement shall be made within 14 days of the date of mailing the JPB's notice of costs. If such reimbursement is not made, the JPB 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 JPB may further declare a default and collect its costs from the security deposited in accordance with Section 4.2 of this Agreement. 9.2 Renewal of Security. If any escrow account or bond deposited with the JPB 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 JPB 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 JPB 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 JPB in cash. Such cash shall thereafter be held by the JPB as a security deposit in the same manner as the security theretofore held by the JPB. 9.3 Platting. 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 Developer initiating the installation of public and private improvements on the Development Property. 9.4 Utility 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 designated Engineer that underground utilities would not be physically possible. Any exemption shall be limited to the minimal area necessary. The Joint Planning Board requires all utilities to be located in a joint trench and it shall be up to the Developer to assure compliance. 9.5 Plat Dedication. Upon approval and execution of this Agreement, the JPB shall approve the final plat provided it otherwise meets the requirements of the JPB. 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, 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. DEVELOPER: CLC Partners,LLC. erle' de...., By: Cory 2cert Its: Managing Partner State of Minnesota ss County of Stearns 5 44 The foregoing instrument was acknowledged before me this 1,.` day of �'° ,201kby Cnt rh heft- ,the Managing Partner of CLC Partners,a Limited Liability Corporation. .t (NARY REBER GENEROUS / ` ef,�uir r.-�:— NOTARYPU91.IC-AUII S011 ighatuf o ary My CanrrioNon6pYwJin,$1,1021 ataria anlj a a. ST.JOSEPH JOINT PLANNING BOARD By IL" Se-L4 Chair St.Joseph Joint Planning Board ATTEST: __ I f Bi- fid. & c..e iS J y eyr s,Secretary t.J eph Joint Planning Board