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7.5. SR 06-20-2016City of Elk az — River Request for Action To Item Number Mayor and City Council 7.5 Agenda Section Meeting Date Prepared by Public Hearinj 20, 2016 Zack Carlton, Planning Manager Item Description Reviewed by Paxmar — Outlot A, River Park Second Addition Chris Leeseberg, Senior Planner ■ Preliminary Plat of River Park Third Addition Reviewed by ■ Resolution for Final Plat Cal Portner, City Administrator ■ Development Agreement Action Requested Approve, by motion, the Preliminary Plat for River Park Third Addition with the following conditions: 1. Street lights be installed as required by Elk River Municipal Utilities. 2. All mailboxes shall be clustered. 3. Staff approval of updated plat, site, grading, drainage, and utility plans. 4. Setback requirements for the front yard will be reduced to 25 feet, and applies to both front yards of a corner lot. 5. Setback requirements for side yards will be adjusted to require a minimum of 7.5 feet. Adopt, by resolution, the Final Plat for River Park Third Addition with the following conditions: 1. Staff approval of an updated Final Plat reflective of changes to the Preliminary Plat. 2. A developers agreement be prepared and executed outlining the terms and conditions of the plat approval prior to releasing the Final Plat for recording. 3. Park Dedication shall be paid at 72% of the cash amount required by the city at the time the Final Plat is released for recording. (currently $1,425.93/lot) 4. Surface Water Management Impact Fee be paid in the amount required by the city at the time the Final Plat is released for recording. (currently $226/lot) 5. Water Availability Charge shall be paid in the amount required by the city at the time the Final Plat is released for recording. (currently $335/plumbing unit) 6. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 7. Upon completing all of the improvements, and having them accepted by the city, a security or warranty in a form acceptable to the City Engineer will be secured. 8. A development plan shall be approved by the City Engineer prior to the issuance of building permits. 9. Any item or condition found that indicates the site is likely to yield information important to pre- history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. Approve, by motion, the Development Agreement for River Park Third Addition. P a w E A E U s r NaA f RE] Background/Discussion Case No. P 16-05 The property is zoned Planned Unit Development (PUD) and was included in the original River Park Subdivision. The plat area is governed by the original PUD Agreement and Development Agreement. However, the previous preliminary plat approval has since expired. The applicant is proposing to plat 23 single-family parcels in accordance with the approved River Park plans. The parcels are approximately 75 feet in width, and will be consistent with the previously approved plans. The applicant is requesting a change to the setbacks from what was approved as part of the original River Park plans. Setbacks for single-family homes, per previous approvals, are: 30 feet — front yard, 5 feet — garage side, 10 feet — living space side, and 30 feet — rear yard. The applicant's request is to reduce the front yard setback to 25 feet, and adjust the side yard setback to require 15 feet between buildings, with a minimum of 7.5 feet garage/living space setback. Staff is supportive of the change as the Miske Meadows subdivision was approved with the same setbacks, and the adjustment will provide consistency along Johnson Street and the larger adjacent Miske Meadows piece as the project develops. Analysis Comprehensive Plan The property is guided for urban residential development per the Comprehensive Plan. This land use designation includes areas guided for residential uses in areas that will be served by municipal sewer and water services. The Comprehensive Plan supports the proposed land use. Transportation/ Circulation The platted parcels will be along one new street, Johnson Street, which can be accessed from the north by the existing stubbed in street of 192nd Lane NW and from the south by 1915` Lane NW, which will be constructed as part of this phase of development. Each parcel will have a single driveway with a maximum width of 30 feet, when measured at the property line. Sidewalks will be constructed by the applicant along the west side of Johnson Street and will connect with the existing walk along the north side of 192nd Lane NW. Grading/ Drainage The Engineering and Stormwater Divisions continue to review the plans and are working with the applicant to ensure the proposal meets current city standards. In general, the grading and drainage plans will follow previous approvals with a stormwater pond in the northwest corner of the platted area. Landscaping The landscaping for the development will be consistent with previous plans, and includes two boulevard trees per lot, with additional trees allocated for corner parcels. Landscaping is also required along Twin Lakes Road to provide a vegetative buffer for the residents in that area, and will be approved based on the previous landscape plan. Applicable Regulation Approval of a plat may only be ordered if the following findings have been made, as outlined in Section 30-375: (1) The proposed subdivision is consistent with the honing regulations (article VI of this chapter) and conforms in all respects with all requirements of this Code, including the honing regulations and this article. The property is zoned PUD and is guided by previously approved River Park plans and documents. The proposed subdivision is consistent with the zoning regulations outlined in the city code and approved plans. (2) The proposed subdivision is consistent with all applicable general and speciali.Zed cio, county, and regional plans, including, but not limited to, the city's comprehensive development plan. The proposed subdivision does not conflict with any city, county, or regional plans, including the Comprehensive Plan. The River Park subdivision was part of an Environmental Assessment Worksheet (EAW) which included analysis of traffic and other environmental impacts. The current plans do not conflict with that study. (3) The physical characteristics of the site,' din but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. The site is suitable for the proposed development. The applicant and city staff continues to work together to finalize grading, erosion control, and drainage plans. (4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required in this article. The subdivision will connect to city sewer and water services, the streets will include storm drains with associated stormwater treatment ponds. (5) The proposed subdivision will not cause substantial environmental damage. The area was the subject of an EAW and has already been rough graded for the subdivision. The project will not cause substantial environmental damage. (6) The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. The subdivision will not conflict with easements of record. (7) The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighborzng land. The lands to the north, east, and west have already been developed and include Twin Lakes Road, single-family development as part of River Park Second Addition, and a large lot single family development. The area south of the plat was included in the Miske Meadows PUD. (8) The proposed subdivision is notpremature. A subdivision 1.spremature if any of the following exists: a. Lack of adequate stormwater drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. All of the above services or improvements will be connected or constructed as part of the development. The area is within the municipal service area and existing facilities can handle the additional capacity. The project is consistent with all required findings for approval of the Preliminary Plat. If denial of the plat should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-375. Planning Commission Two residents spoke during the public hearing to discuss concerns about speeding on the residential streets, street parking during school hours, and construction times on Saturday. The speed limit throughout the development will be consistent with state and local standards, and staff does not propose any changes. The school required approximately 90 parking stalls per ordinance, and the site includes 103 stalls. The east side of Hoover Street, along the school property is signed `NO PARKING'. The Development Agreement notes that work on public improvements (streets, utilities, etc.) authorized by the document may not begin before 8:00 a.m. on Saturdays. The Planning Commission did not have any additional concerns, and unanimously recommended approval. Financial Impact None Statutory Review Period Per State Statute §15.99 the required 120 -day review period for the plat ends on August 23, 2016. Attachments ■ Location Map ■ Applicants Narrative ■ Plan Set dated May 31, 2016 ■ Final Plat received June 2, 2016 ■ Lot Dimension Diagrams ■ Final Plat Resolution ■ Developers Agreement dated June 20, 2016 •fir �=� �!1 C OUNT4 � 5 y 4 440 �r iialiffar owlw IV 4 AL { 10 vr F 'l LX k- i r q a - i pov-a] s. PAXMAR(O River Park 3rd Addition (Portion of previously approved River Park) Residential Single Family Development Elk River, MN Project Narrative April 25, , 2016 3495 Northdale Blvd. NW Suite 210, Coon Rapids, MN 55448 (763)753-6176 PAXMAR(O Table of Contents I. Development Team A. Developer and applicant B. Consultants II. Introduction A. Request B. Project Location and Brief Parcel History C. Zoning & Land Use D. Project Description E. Development Standards F. Project Phasing III. Natural Resources A. Wetland delineation confirmation B. Soils and Ground Water C. Existing trees D. Storm water planning IV. Landscape Planning 3495 Northdale Blvd. NW Suite 210, Coon Rapids, MN 55448 (763)753-6176 PA','mAR,.(I' I. DEVELOPMENT TEAM Paxmar is a local owned and operated land development company primarily focused on delivering finished single family lots to builders. For some 30 years now ownership has taken raw ground, performed the land planning necessary with the community, graded the site, installed all utilities, streets and curbs, and sold finished lots to builders. Our mission is to bring livable, responsible, efficient neighborhoods to communities in Minnesota. We are Minnesota based so all our revenue stays in Minnesota. Over 10,000 home site sales have been planned and developed in ways to provide a positive home building and neighborhood experience for the customer. Work has been performed in over 50 different jurisdictions of the greater Twin Cities and St. Cloud area. CONSULTANTS Previous plans were prepared by Schoell & Madson, a consulting group that was acquired by Sambatek, now with headquarters in Minnetonka, MN. This Phase will be have final engineering as follows: Land Planning - Paxmar Surveying - Oliver & Associates Engineering - Oliver & Associates Stormwater reconciliation - Oliver & Associates Geotech reports and testing - NTI assigned to Haugo geotechnical Parks Planning - Not Applicable Landscape Architecture - Civil Site Group II. INTRODUCTION A. Request Paxmar, LLC, is requesting the approval to plat this phase substantially similar as was previously approved in the River Park Plans. No changes to lot size width are planned. There are some potential lot line depth and area adjustments to the lots next to the pre- built water quality pond depending on how staff adjusts current Outlot goals to pre -built ponding. 3495 Northdale Blvd. NW Suite 210, Coon Rapids, MN 55448 (763)753-6176 PAXMAR.(1' B. Location and Brief Parcel History In April of 2016, we closed on three Outlot parcels from Lennar Corporation. Due to the lack of formal extension requests to allow the previous preliminary plats to stay in force, the neighborhood requires a "renewal" of the preliminary plat documents with the final plat to move forward to final construction per staff. However, in this case the design submitted is substantially similar to prior approvals. Lennar Homes of Minnesota and their underlying project LLC entities, assigned the rights of the 3 Outlots bearing the River Park Plat Name with 121 previously approved dwelling units. The still in force PUD created 23 Dwelling units planned in this northwest corner of the master plan, on lots 75' and wider at the building setback line, with ponding partially completed. Two sets of sanitary service and water stubs to proposed Lots 1 and 2 of Block 1 are complete but no underground utilities of electric and gas. C. Zoning & Land Use Plans are consistent with PUD zoning and land use for a residential neighborhood. No change to land use is proposed. D. Project Description Single Family lots- 23 home sites The River Park Neighborhood was approved with a variety of housing types. This phase has only one type, wider single family lots. The lots in this phase were all Full Basement capable, with some lookout and walkout types proposed in the NW corner near the ponding area. The balance are primarily flat grade design E. PUD amendment None required 3495 Northdale Blvd. NW Suite 210, Coon Rapids, MN 55448 (763)753-6176 PA',' MAR. F. Development Standards No changes to housing standards are proposed G. Project Phasing This will be built in one phase, starting as early as late June, based on planning started. This allows for construction to be completed ahead of the City October 31 deadline for paving. III. NATURAL RESOURCES A. Wetland Delineation None required B. Soil and Groundwater The soils are free draining fantastic for home building, and will allow for infiltration per current goals of water resource planning. Groundwater recharge is enhanced from prior calculations, but is substantially similar to the previous master plan. C. Existing Trees Tree cover exists along many of the westerly 20 feet of the lots in Block 1. No trees are planned for removal along the west line, but scrub growth in the ponding area would be removed for pond final design. D. Storm water Planning One Outlots is planned for public works oversight and monitoring, a platting shift from the original master plan. As currently proposed, about 1.5 acres is taken from lots for ponding purposes. Presuming the pond stays as a dry pond, no pond buffer will be required. Additional infiltration is being planned in the pond design. Openings into home basements are protected via emergency overflow designs and height similar to the previous master plans. 3495 Northdale Blvd. NW Suite 210, Coon Rapids, MN 55448 (763)753-6176 PAXMAR," IV. LANDSCAPE PLANNING 2 new trees per dwelling unit plus an additional tree on the corner lots and shrub and tree buffering to Twin Lakes Road are planned. V. PUBLIC PARKS AND TRAILS Dedication per the city ordinance. VI. TRAFFIC REVIEW No new impacts, with construction traveling slow per notices to our contractors. Primary inbound trips on 191st. Bigger site building vehicles will access from 191st or 190th. Several of the components to build the water and sewer lines will off load from 192'd as well. 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NOW, THEREFORE, BE IT RESOLVED It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with Chapter of 30 of the City Code of Ordinances and conforms with all of its requirements. B. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Plan. C. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. D. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. E. The proposed subdivision will not cause substantial environmental damage. P O w E R E U 9 1 AUR F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. 2. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. 4. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. Passed and adopted this 20"' day of June, 2016. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk P O W E R E D 0 Y AUR EXHIBIT A LEGAL DESCRIPTION Oudot A, RIVER PARK SECOND ADDITION, Sherburne County, Minnesota POWERED 0Y AUR EXHIBIT B CONDITIONS OF APPROVAL 1. Staff approval of an updated Final Plat reflective of changes to the Preliminary Plat. 2. A developers agreement be prepared and executed outlining the terms and conditions of the plat approval prior to releasing the Final Plat for recording. 3. Park Dedication shall be paid at 72% of the cash amount required by the city at the time the Final Plat is released for recording. (currently $1,425.93/lot) 4. Surface Water Management Impact Fee be paid in the amount required by the city at the time the Final Plat is released for recording. (currently $226/lot) 5. Water Availability Charge shall be paid in the amount required by the city at the time the Final Plat is released for recording. (currently $335/plumbing unit) 6. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 7. Upon completing all of the improvements, and having them accepted by the city, a security or warranty in a form acceptable to the City Engineer will be secured. 8. A development plan shall be approved by the City Engineer prior to the issuance of building permits. 9. Any item or condition found that indicates the site is likely to yield information important to pre -history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. P O W E R E D 0 Y AUR Development Agreement River Park Third Addition Final Plat approved by the Elk River City June 20, 2016 Development Agreement June 20, 2016 Council Table of Contents 1. Warranty of Developer....................................................................................................................................... 1 2. Right to Proceed.................................................................................................................................................. 1 3. Development Plans.............................................................................................................................................. 2 4. Improvements...................................................................................................................................................... 2 5. Additional Regulatory Approvals...................................................................................................................... 3 6. Installation of Improvements............................................................................................................................ 3 7. City Installed Improvements.............................................................................................................................. 5 8. Fees and Security for Developer's Performanc.............................................................................................. 5 9. Responsibility for Costs...................................................................................................................................... 7 10. General Provisions Binding Effect................................................................................................................... 7 11. Park Dedication.................................................................................................................................................... 9 12. Development Plan ............................................................................................................................................... 9 13. Landscaping..........................................................................................................................................................9 14. Surface and Groundwater Management........................................................................................................... 9 15. Default.................................................................................................................................................................10 16. Issuance of Building and Occupance Permits............................................................................................... 11 17. Model Homes..................................................................................................................................................... 11 18. Miscellaneous......................................................................................................................................................11 19. Notices.................................................................................................................................................................13 EXHIBIT A Resolution No. 16-xx EXHIBIT B Legal Description EXHIBIT D Cost Estimate Form EXHIBIT E Development Plan Checklist EXHIBIT F Purposely Left Blank EXHIBIT G Consent of Mortgagee EXHIBIT H Summary of Payments Due 0 DEVELOPMENT AGREEMENT FOR River Park Third Addition THIS AGREEMENT (the Agreement), made and entered into this 20th day of June, 2016, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (the City), and Paxmar, LLC (the Developer). WITNESSETH: WHEREAS, the Developer has made application to the City for approval of a final plat of land within the City described on Exhibit A attached hereto (the Subdivision); and WHEREAS, the City Council adopted Resolution No. 16-xx on June 20, 2016, (attached as Exhibit A hereto) granting final plat approval to the Subdivision, subject to several conditions, including a condition that Developer enter into an agreement with the City governing the provision of certain utilities, services and facilities to the Subdivision and the transfer of certain land interests and payments to the City, so as to fully comply with the Subdivision Ordinance; NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Warranty of Developer. Developer hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that Developer is owner of certain real property legally described in EXHIBIT B attached hereto consisting of 8.21 acres of unimproved land located in the City of Elk River, Sherburne County, Minnesota. The Developer intends to improve and develop such property for single family residential uses, to be known as River Park Third Addition (the Development). A copy of the final plat is attached as EXHIBIT C. 2. Right to Proceed. Within the Subdivision, the Developer may not grade or otherwise disturb the earth, remove trees, unless authorized by a separate permit or letter; work to construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings may not proceed until all the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City Clerk; (2) the necessary security has been received by the City; (3) the necessary insurance for the Developer and its construction contractors has been received by the City; (4) the final plat for the Subdivision has been filed with the office of the Sherburne County Recorder or Registrar of Titles, and (5) all required permits are secured and a copy filed with the City Engineer. 3. Development Plans. The Subdivision shall be developed in accordance with the following plans (The Plans). The Plans shall not be attached to this Agreement. With the exception of Plans A, B and E, the Plans may be prepared, subject to the City Engineer's approval, after entering into this Agreement, but before commencement of any work in the Development. The City Engineer may approve minor amendments to Plan B without City Council approval. If the Plans vary from the written terms of this Contract, the written terms shall control. The Plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan & SWPPP Plan C - Plans and Specifications for Public Improvements Plan D - Street Lighting Plan Plan E - Landscape Plan Plan F — Storm water Management Plan detailing long term ownership, maintenance schedules and procedures for all stormwater facilities as required by the City's MS4 permit Plan G — Development Plan required by Section 12 hereto 4. Improvements. In accordance with the application materials submitted by Developer, the preliminary and final plats of the Subdivision, the City Council Resolution attached as Exhibit A hereto, and the applicable standards and ordinances of the City, the following described Improvements (the Improvements) shall be constructed and installed on the terms and conditions hereinafter contained: (01) Site grading to elevations shown in the approved grading and drainage plan and construction of retaining walls (Site Grading); (02) Streets, as required by the City, including grading, graveling and stabilizing, constructing and vegetating of berms, swales and boulevards, planting trees on boulevards, permanent street surfacing with bituminous material, installing concrete curbs, gutters and driveway approaches, and installing traffic control street signs as required the City Engineer and installing street lights as required by the local utility (Street Improvements) ; (03) Sidewalks, as required by the City (Sidewalk Improvements); (04) Storm sewers, as required by the City, including all necessary pipes, manholes, catch basin, ditches, inlets, retention areas and other appurtenances (Storm Sewer Improvements) ; (05) Sanitary sewers and laterals, as required by the City, including all pipes, manholes, pumping stations, building services and other appurtenances (Sanitary Sewer Improvements) ; (06) Watermain and laterals, as required by the City and Elk River Municipal Utilities, including all necessary pipes, hydrants, valves, building services and other appurtenances (Watermain Improvements) ; (07) Landscaping, Trees and grass as required by City Ordinance and any additional landscape Improvements required by the City (Landscape Improvements). (08) Temporary and permanent erosion and sediment control measures as required by the City's MS4 permit and the MPCA National Pollutant Discharge Elimination System construction stormwater permit (Stormwater Management Improvements). (09) Survey Monuments. Durable iron survey monuments shall be set, pursuant to Minnesota Statutes, Section 505.02, Subd. 1, within one (1) year after recording of the final plat of the Subdivision. Developer shall provide, in writing, notice to the City a Surveyor's certification that all monuments have been set. (10) Mailboxes, in a style and location approved by the City of Elk River, shall be provided prior to occupancy of any unit. 5. Additional Regulatory Approvals. All additional regulatory approvals required for construction of the Improvements or development of the Subdivision shall be obtained before commencement of construction on the Improvements. Additional approvals may include but are not limited to the Department of Health permits for water system modifications; Minnesota Pollution Control Agency permits for the extension of sanitary sewer or cluster on-site treatment systems; National Pollutant Discharge Elimination System permits for grading, Department of Natural Resources permits for water appropriations; Army Corps of Engineers permits for construction of sedimentation ponds; and City, County and/or State permits for access and work within existing road rights of ways. 6. Installation of Improvements. The Improvements will be installed at Developer's expense by Developer as hereinafter provided. (01) Developer shall construct and install at Developers sole expense all Improvements necessary to fully complete the Development, including those Improvements identified in Exhibit D, attached hereto, except as may otherwise be set forth in this Agreement. The installation of the Improvements shall be in accordance with all applicable City ordinances, including the City subdivision ordinance, and shall be subject to review, approval, inspection and authorization by the City and/or its specialty consulting staff, as provided in this agreement. (02) Deadline for Performance by Developer. Except as otherwise provided herein, Developer agrees to complete all Improvements and perform all other acts as are required by the Subdivision Ordinance, other applicable ordinances and the terms and conditions of this agreement, and resolution No. 16-xx and to do so on or before October 31, 2016, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15 and October 15 the year following the base layer of asphalt construction. The Developer may, however, request an extension of time from the City. If an 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 time frame must have the written approval of the City Engineer. (03) Approval of Contractor. The City reserves the right to approve or disapprove any contractor selected by the Developer. (04) Construction Plans. The construction, installation, materials and equipment shall be in accordance with plans and specifications prepared by a licensed professional engineer and approved by the City Engineer. Such plans and specifications shall be based upon such engineering surveys, including soil borings and material tests, determined to be necessary by the City Engineer. (05) Supervision and City Services. Construction and installation plans and activity shall be reviewed by and subject to the supervision of the City. Developer will cause the contractor(s) to inform the City's representatives of the schedule to complete the Improvements as required in the approvals. City shall inspect all Improvements during and after construction for compliance with approved specifications. Developer will notify the City Engineer or his designee at such times during construction as the City Engineer requires for inspection purposes. (A) The Developer shall instruct its engineer to provide adequate field inspection personnel to assure accurate record drawings can be produced and an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and an independent testing firm inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or its engineer shall schedule a pre -construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. (06) Easements. The Developer shall convey to the City, prior to the final approval of plans and specifications and at no cost to the City, all permanent and temporary easements for the installation and maintenance of all Improvements determined to be necessary by the City. All such easements shall be in recordable form acceptable to the City and contain such terms and conditions as the City may prescribe. (07) Insurance. Developer shall cause each contractor engaged in the construction and installation of any Improvement to furnish the City with evidence acceptable to the City showing insurance coverage (including workers' compensation, liability and property damage) in such amounts as are required for City construction contracts. Developer shall also maintain adequate liability insurance for public use of Streets, Sidewalk and other Improvements until such time as those Improvements are completed and accepted by City as provided herein, and shall hold the City harmless and indemnify the City from any liability arising out of the public's use of said Improvements until such time as those Improvements are completed and accepted by the City as provided herein. (08) As Constructed Plans. Within thirty (30) days after the completion of the improvements and before the security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.dwg file or a .dxf file and .pdf formats, all prepared in accordance with City standards. All constructed public utilities shall be field surveyed after construction with all location, elevation, and data attributes information, deliverable to the City in an approved sub -foot accurate GIS/GPS format. (09) Cit,r�ptance. The City shall accept, at no cost, ownership of all Improvements provided that such Improvements have been constructed in compliance with the plans and specifications therefore and City requirements with respect thereto as determined by the City. No improvements will be accepted prior to all disturbed areas of the site being fully vegetated and functioning in accordance with the approved construction and storm water management plans. Upon acceptance, all Improvements lying within the public easements or rights of way shall become City property without further notice or action. 4 (10) License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subdivision to perform all work and inspections deemed appropriate by the City in conjunction with the Development. (11) Faithful Performance of Construction Contracts. Developer will fully and faithfull)� perform the installation and construction of the Improvements in accordance with the approved plans and specifications therefore and shall comply with all terms of anv and all contracts entered into by the Developer for the installation and construction of all such Improvements; at no expense to the Cit,L (12) Warranty. Developer hereby warranties the workmanship and materials respecting such Improvements for a period of two (2) years following the City's final acceptance of the Improvements and agrees to repair or replace; as directed by the Citi, and at Developer's sole cost and expense, any work or materials that become defective, in the sole opinion of the Citi, within said two (2) vear period even thouLyh notice thereof be Miven by the Citv after said two (2) vear period. City Installed Improvements. (01) The Subdivision will have no City installed Improvements (02) There are no assessments levied against the subdivision. Fees and Securitv for Developer's Performance. (01) City Administration and Construction Observation Fees. Developer shall reimburse the City for all the City's costs and expenses incurred in the processing of the Subdivision and installation of improvements, including review of plans and construction observation and in regard to any action or event of default by Developer, resulting in any suit or proceeding at law or in equity to which the City shall become a party in reference to the Developer's interest in the Development. Reimbursement shall be due and payable to the City within thirty (30) days following the receipt of a statement therefore. The Developer shall post a cash escrow in the amount of ten percent (10%) of the estimated costs of the Improvements. This escrow will be drawn from as the project progresses to cover the City's ongoing costs and expenses relating to administration and construction observation of the Improvements. City administration will include, but is not limited to, supervision of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation shall include full to part time inspection of all work associated with the Improvements. Based on past experience it is estimated that an escrow of ten percent (10%) shall be sufficient to cover the City related expenses associated with the work. Delays, change in work scope, contractor performance, etc. can all contribute to this amount not being sufficient. All City costs experienced in excess of the escrow are the responsibility of the Developer. These costs will be billed directly to the Developer and become due per the terms stated in Section 10. Upon acceptance of all completed improvements, as required by this agreement, any remaining balance will be returned to the developer within 30 days. (02) Security for Developers Performance. (A) No work shall be commenced under this Agreement, and the Final Plat of the Subdivision will not be released for recording, until the Developer has filed with the City a cash deposit or an irrevocable and unconditional Letter of Credit acceptable to the City, in the amount Three Hundred Eighty -Two Thousand and 00/100 Dollars ($382,000). Said Letter of Credit shall also provide that funds shall be paid to the City upon written demand of the City to the extent of default herein by Developer in the payment of any amount due or the performance of any other duty or obligation of Developer pursuant to this Agreement, including Developer's obligations to complete Improvements, to complete on- site Landscape Improvements, and to make payment of any amounts due hereunder. (B) The security provided in accordance with the above may be released periodically upon receipt of an invoice identifying work completed to date. The amount released each period will equal the amount of work completed by the Developer by the date of submittal, except that: (i) the security will not be released to an amount less than the amount of Developer's total indebtedness to the City pursuant to the terms of this Agreement;, and, (ii) the security will not be released below fifty thousand dollars ($50,000) until all Improvements pursuant to this Agreement have been completed in full and all other obligations of Developer under this Agreement have been fulfilled, including Developer's obligation to install required Landscaping Improvements. (C) The Letter of Credit shall contain a provision that states that the Letter of Credit shall be automatically renewable annually unless the issuer of the Letter of Credit first gives the City 30 days written notice by certified mail of its intent not to renew the Letter of Credit. The letter of credit shall also contain a minimum initial period of 1 year. The Letter of Credit shall be a guaranty to the City that the Improvements and all other requirements set forth in this Agreement will be timely completed to the City's satisfaction. The Letter of Credit shall be maintained continuously by the Developer, except as reductions are authorized by the City, until the Improvements are completed to the City's satisfaction, including certification by the City engineer that all items are satisfactorily completed, pursuant to this Agreement. The Letter of Credit shall have no conditions and shall be subject to being drawn upon by the City upon any default under this Agreement, including failure to pay contractors, subcontractors or costs or expenses owed to the City. If at any time the City shall draw upon the Letter of Credit, the Developer agrees that within 10 days upon being notified of such withdrawal by the City, Developer shall either pay the deficient amount in cash to the City or have the Letter of Credit restored to current amount (04) Maintenance Bond. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranty in Section 6 (12) hereof. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work, grading, erosion control, and as built survey escrow. (05) Grading, erosion control and as -built survey escrow. The Developer shall post a cash escrow of $1,000.00 per lot to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as -built certificate of survey. Prior to release of this escrow, an as -built certificate of survey for single family lots must be submitted to verify that the final as -built grades and elevations of the specific lot and all building setbacks are consistent with the approved Plans for the development, and any amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final as -built surveys are not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. (06) Water Availability Charges. Developer shall pay Water Availability Charge in the amount of Seven Thousand Seven Hundred Five and 00/100 dollars ($7,705), ($335 per lot). The balance of Water Availability Charges per unit ($3,090) shall be paid at the time of building permit. (07) Surface Water Management Fee. Developer shall pay surface water management fees in the amount of Five Thousand, One Hundred Ninety Eight and 00/100 dollars ($5,198.00), ($226.00 per lot) for each lot in the Subdivision prior to release of the final plat for recording. Responsibility for Costs. (01) Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the Subdivision, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Agreement, review of construction plans and documents, the payment of fines and penalties imposed on the city as a result of non-compliance with any permit or failure to obtain necessary permits, and all costs and expenses incurred by the City in monitoring and inspecting development of the Subdivision. (02) The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval of the Development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. (03) The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and attorneys' fees. (04) The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Agreement. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. (05) The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not paid on time, the City may halt development and construction within the Subdivision until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. (06) In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), Municipal water connection charges, City sewer connection charges, and building permit fees. 10. General Provisions Binding Effect. The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision, and all recording fees, if any, shall be paid by the Developer. (02) Severable. In the event that any portion of this Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. (03) Waiver. Any waiver, whether express or implied, by any party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this Agreement. (04) Construction Times. All construction activities authorized by this agreement shall be confined to the following hours of operation: Monday - Friday 7:00 AM until 9:00 PM Saturday 8:00 AM until 5:00 PM (only with 48 hour advance notice to the City Engineer or their representatives) Sunday Not Allowed This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviation from the above hours is subject to approval of the City Council. (05) Street Construction. No street construction will be allowed after October 15 or prior to May 15 unless approved by the City Engineer. (06) Snowplowing. Until the Improvements are accepted by the City or an agreement expressly reached in advance, the developer is responsible for snow removal and ensuring access by Emergency Response equipment. (07) Mailboxes. All mailboxes be clustered, and in a style and location acceptable to the City of Elk River. (08) History. Any item or condition found that indicates the site is likely to yield information important to pre -history or history shall be reported to the city immediately, and the city reserves the right in such event, to stop work immediately until the subdivision is appropriately investigated and developer is authorized to recommence work. 11. Park Dedication. Park dedication requirements shall be satisfied by a combination of land and cash as outlined in the Developer Agreement for River Park (Doc. No. 602028). Park dedication shall be based on the following formula: 224 total acres 201.5 acres -22.5 acres (school/fire station) -24.0 acres of wetland 201.5 acres 167.5 acres of land subject to park dedication 8 4.7 acres (park land) /16.75 acres (10% dedication rate) = 28% (park dedication satisfied with land) $1,425.93 (2016 park dedication rate) x 72% _ $1,026.67 per unit The cash dedication due is $23,613.41 ($1,026.67 per unit x 23 units). 12. Development Plan. A development plan "Development Plan" shall be submitted by Developer and approved by the City Engineer or his designee prior to issuance of any building permit within the Subdivision. The Development Plan will identify, for each lot in the Subdivision those items noted on the checklist attached as Exhibit E to this Agreement. Approval of the Development Plan may be contingent upon soil borings verifying elevations and compaction tests for proposed house pads. 13. Landscaping. Developer shall cause the homebuilder to install two over story (deciduous) trees in the boulevard of each Lot. All required trees shall be 2 inches in caliper. (01) All residential landscaping requirements shall be completed prior to occupancy of the dwelling unit, or by June 1 following occupancy if occupancy occurs October 15 through May 31. (02) In the event the landscaping, including trees and establishment of turf, is not complete at the time of Certificate of Occupancy, the City may issue a certificate of occupancy and require the provision of a cash deposit from the builder of the lot to guarantee the successful completion of the landscaping improvement. The cash deposit shall be no less than $1,000.00. The City, its employees, agents or contractors shall have the right to go upon the property to complete the landscaping without permission of the owner of the property or lot, and shall not be liable for trespass. The City may also require a deposit as part of the building permit fee to secure compliance with the landscaping requirements. 14. Surface and Groundwater Management. (01) Dewatering. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. (02) Wetlands. If the Developer proposes the filling of wetlands in connection with development of the Subdivision, final plat approval is contingent upon, and the final plat shall not be recorded until, receipt of necessary permits from appropriate regulatory agencies to fill wetlands as proposed by the Developer and approval by the Technical Evaluation Panel of the proposed mitigation plan for wetlands filling. If these permits are denied, or approval of the wetland permit and mitigation plan is subject to conditions which significantly impact the Subdivision, the final plat for the Subdivision shall be resubmitted to the City Council for consideration of changes required for the wetland approvals. The City shall receive a copy of the monitoring report annually for three years. (03) Erosion Control. Prior to initiating any work on the site, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City or other regulating authority. The City may impose additional erosion control requirements if they are deemed necessary to protect the downstream waters of the state. All areas disturbed by the grading operations shall be stabilized per the MPCA NPDES Stormwater Permit for Construction Activity and the City MS4 permit. Seed shall be in accordance with the City's current seeding specification which will include temporary erosion control measures to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and watered as necessary for seed retention and growth. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA NPDES Stormwater Permit for Construction Activity, the City MS4 permit, with the erosion control plan and schedule, or supplementary instructions received from the City or other regulating authority, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. (04) Grp. The Subdivision shall be graded in accordance with the approved grading development and erosion control plan, Plan B. The plan shall conform to City specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except up to three model home permits on lots acceptable to the Building Official per section 18), the Developer shall provide the City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm water treatment /infiltration basins and swales, have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: (a) cross sections of storm water treatment/infiltration basins; (b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed "conservation area" posts; and (c) lot corner elevations and house pads, and all other items listed in the City Code. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures, including full vegetation of entire site, are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. (05) Clean Up. The Developer shall clean dirt and debris from all streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. (06) National Pollutant Discharge Elimination System Requirements. Prior to the commencement of any work, the Developer shall provide a signed Storm Water Pollution Prevention Plan for City review and approval to control erosion from the site. Because the site is over one (1) acre, the Developer shall also apply for and obtain an NPDES permit from the Minnesota Pollution Control Agency. (07) Municipal Separate Storm Sewer System Requirements. All stormwater management activities shall comply with the City MS4 permit. 15. Default. (01) Remedies. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty - 10 eight (48) hours in advance. This Agreement is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. (02) Acceleration on Default. In the event Developer, or its heirs, successors or assigns, violates any of the covenants and agreements herein contained, or fails to pay any amount due to the city, the City, at its option in addition to its other rights and remedies, by written notice of default given to the Developer, may declare all amounts to be paid by the Developer pursuant to this Agreement, , due and payable in full, with interest, immediately, or on such date as the City shall specify in its notice of default to Developer. If Developer fails to make payment in the amount and at the time specified in the City's notice of default to Developer, City may, at its option, draw on the security provided by Developer pursuant to Section 8 of this Agreement and/or commence legal action against Developer to collect the entire amount owed by Developer, including reasonable attorneys' fees. Developer shall be personally liable for such amounts due and, if more than one, such liability shall be joint and several. 16. Issuance of Building and Occupancy Permits. (01) Building Permits. The City will not issue any building permit (a permit issued for construction of a structure to be sold and occupied by a new owner) for any lot or parcel in the Subdivision until all small and large utilities are installed, streets are paved with the first lift of pavement and vegetation is full established. City will not issue a certificate of occupancy (said certificate will allow the structure to be transferred to a new owner for the purpose of permanent occupancy) for any building constructed on any lot or parcel in the Subdivision until all Improvements (except final lift of paving) are completed, approved by the City Engineer and accepted by the City. Temporary certificates of occupancy may be issued for sites with model permits; however, such certificates will not allow the structure to be transferred to a new owner for the purpose of occupancy. (02) Notice to Homebuy.Lrs. If the Developer fails to comply with any of provisions of this Agreement, the City may refuse to issue a building permit or certificate of occupancy for any lot or parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the Subdivision of the existence of this contract and the obligations and restrictions created herein prior to the completion of the sale. Further, Developer agrees to save and hold City harmless from any and all claims or actions arising from the right to withhold the issuance of such permits and certificates and from other provisions hereof. 17. Model Homes. (01) The City will issue building permits for the construction of up to three model homes on lots approved by the Building Official prior to completion of the public and private infrastructure, provided that access to the site for emergency vehicles is maintained at all times. City will not issue a certificate of occupancy (said certificate will allow the structure to be transferred to a new owner for the purpose of permanent occupancy) for any building constructed on any lot or parcel in the Subdivision until all Improvements (except final lift of paving) are completed, approved by the City Engineer and accepted by the City. Temporary certificates of occupancy may be issued for sites; however, such certificates will not allow the structure to be transferred to a new owner for the purpose of occupancy. 11 18. Miscellaneous (01) Filing of Final Plat and Developer Agreement. Before construction commences on the Improvements, the Final Plat of the Subdivision and this Developer Agreement must be filed and recorded and all necessary easements shall have been conveyed to the City, unless the City authorizes in writing the commencement of limited construction activities. (02) Incorporation by Reference. The exhibits to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set forth herein in full. (03) No Replacement. This Agreement is in addition to and is not in replacement of the terms and conditions of the Petition for Public Improvements and Waiver of Right to Public Hearing and Right to Object relating to the Subdivision executed by Developer. (04) Regulator,r�pliance. The Developer represents to the City that the Subdivision complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the Subdivision until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. (05) Third Parties. Third parties shall have no recourse against the City under this Agreement. (06) Breach. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. (07) Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. (08) Damage to Improvements. If building permits are issued prior to the acceptance of Improvements, the Developer assumes all liability and costs resulting in delays in completion of public Improvements and damage to Improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, the utilities are completed, and the vegetation is established and accepted by the City Engineer. (09) Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. (10) Binding Contract. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Agreement, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. 12 (11) Insurance. The Developer and contractor shall acquire public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one directly or indirectly employed by any of them. The insurance must be maintained until six (6) months after the City has accepted the Improvements. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer and contractor shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. (12) No Waiver. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. (13) Assignment. The Developer may not assign this Agreement without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. 19. Notices. All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by written notice given as above: If to the City at: City of Elk River Attn: City Administrator 13065 Orono Parkway Elk River, Minnesota 55330 If to the Developer at: RP3, LLC Attn: Alan Roessler 3495 Northdale Blvd. NW Suite 210 Coon Rapids, MN 55448 13 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on this day and year first above written. CITY OF ELK RIVER By: John J. Dietz Its: Mayor By: Tina Allard Its: Clerk DEVELOPER: By: Its: President 14 STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) This instrument was acknowledged before me this day of , by John J. Dietz and Tina Allard, the Mayor and City Clerk, respectively, for the City of Elk River, Minnesota. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) This instrument was acknowledged before me this day of This instrument was drafted by: City of Elk River 13065 Orono Parkway Elk River, MN 55330 15 Notary Public by EXHIBIT A Resolution No. 16 -XX A-1 EXHIBIT B Legal Description Outlot A, RIVER PARK SECOND ADDITION, according to the recorded plat thereof, Sherburne County, Minnesota. B-1 EXHIBIT C Final Plat C-1 EXHIBIT D Cost Estimate Form D-1 EXHIBIT E Development Plan Checklist Development Plan Requirements 1. Lot and block numbers 2. Street Names 3. Storm sewer alignment with top and invert elevations. Also Flared ends with invert elevations 4. Centerline Street elevations at 100 foot stations with high and low points 5. Centerline street percent grades 6. Cul-de-sac percent grade along curb 7. Building setback lines 8. Final Contours 9. House pads with house style and elevations 10. Front and rear lot corner elevations 11. Spot elevations at the rear of the house pads if the drainage is to be directed around the house pad to the front 12. Typical lot detail indicating where lot and house elevations are shown to. 13. Legend with type of house styles and grade difference for garage floor to walkouts or lookouts. 14. Lot dimensions to the nearest foot 15. Typical street section 16. Drainage arrows at high points and major grade changes 17. Existing and proposed easements 18. Emergency overflows should be labeled and shown with spot elevations and drainage arrows. Emergency overflows must be established for catch basins in the street and in rear yards. Areas along rear lot lines which are below emergency overflows elevations shall be designated as drainage easement on the final plat. 19. Wetland boundaries must be accurately shown 20. Development plan must be signed by a registered Land Surveyor or Engineer. 21. All trees within the subdivision that are to be preserved shall be fenced with a snow fence at the drip line to prevent grading, compaction, or storage of equipment, debris or materials. Staff shall inspect the fencing prior to grading. Cutting of trees between April 15 and July 15 shall not be permitted. The Operator shall take other measures deemed appropriate by the Sherburne County Forester to control oakwilt, such as, but not limited to: debarking or destroying fallen diseased trees prior to April 15, not leaving roots exposed and avoiding mechanical damage on remaining trees. E-1 EXHIBIT F Purposely left blank H-1 EXHIBIT G Consent of Mortgagee I-1 EXHIBIT H Summary of Payments Due ------------------------------------------- ----------------------------------------------------------------------------------------------------------------------- I------------------------ ;$38,100.00 ;City Fees escrow deposit ;Section 8 (01) 1$23,000.00 !Grading/ Erosion Control/ As built escrow ;Section 8 /05 -------------------------------------------f---------------------------------------------------------------------------------------------------------------------F------------------------------ 1$7,705.00 ---------------- \ --- �------j 1$7,705.00 ;Water Availability Charge ;Section 8 (06) '$5,198.00 'Surface Water Management Fee Section 8 (07) F-------------------------------------------f---------------------------------------------------------------------------------------------------------------------F------------------------------i ;$23,613.41 ;Park Dedication Fee;Section 11 ;$971616.41 ITotal J-1 ssti3wr. 0 0 iw • Paxmar - River ParkThird Add. Preliminary and Final Plat P 16-05 City of Elk *( 0-i River i i r� .3 f hL Ift LAVI o - , ,r t w 4p C Y Background ■ Requesting approval of River Park Third Addition ■ Preliminary Plat ■ Final Plat ■ Development Agreement ■ 23 single-family lots ■ Aligns with River Park PUD 0 Lot size, type, street location, etc. ��•r-Ar .10 ,.: !' - - C4-*- - -�� _ !C ti tom: r • F ,w,. �x .rte: Jw , ♦�y C Approval of Plats ■ Findings for approval of Plats are outlined in Sec. 30-375 and staff report. ■ Consistent with all findings for approval C Planning Commission ■ Two residents spoke during the public hearing and expressed concerns with speed, parking, and construction hours. ■ The Planning Commission unanimously recommended approval of the Preliminary Plat C Action Requested ■ Approve the Preliminary Plat, Final Plat, and Development Agreement with the conditions outlined in the memo — three motions �\«, . � Questions? C Fl,. Setback ■ River Park includes setbacks of 30' front yard, 5' garage side, and 10' house side. ■ Request to reduce front setback to 25', and adjust side setbacks to be 7.5' (still 15' between buildings) . ■ Staff comfortable with change ■ Consistency with Miske Meadows ■ Creates larger back yards C Y fks.: Comprehensive Plan ■ Comp. Plan guides property for urban residential uses served by city sewer and water. ■ All properties will connect ■ Consistent with Comp. Plan Transportation/Circulation ■ Build first phase of Johnson Street ■ Extend 191st and 192nd to west/connect with Johnson ■ Sidewalk along west side of Johnson Street If. so ��� 192ND LN NW �• � ,� a " r 9 ^ lsor ro y, C Landscaping ■ Consistent with River Park PUD/Plans ■ Two trees in the boulevard area for all homes in subdivision g 3-nuw - - ._� `..;-Sks _c ] Ecu ssc 1 PUA � +- •�5+,-- .+++W w,_.. \� a RUB r .._� I p-L$ a_PMR e e s l i z-cevJ 3 C-0 SEED u1%f" EDCE SEtl t - - -- -.- - M,x Cn'w) WO WO Lj I` WO WO Wv i wo , wo TURF SEE D e, 1. ... �� -.. meas (7rw.) 5 7 r i 3-AUP 5 I ) a-AUP i 4l F� y FF r �1 F C fks, Grading and Drainage Plans ■ Applicant continues to work with staff to update plans and comply with current standards. 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