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4.6. SR 04-16-2018 EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 4.6 Agenda Section Meeting Date Prepared by Consent Aril 16, 2018 Zack Carlton,Planning Manager Item Description Reviewed by Grading Permit: Miske Meadows South Cal Portner, City Administrator Reviewed by Action Requested Approve,by motion, the grading permit for 1Vliske Meadows. Background/Discussion The applicant is requesting a grading permit to begin the rough grading for the south half of Miske Meadows. This is generally the area south of the power pole corridor along with the area property along Cleveland Street that was added with the Preliminary Plat update approved on January 16, 2018. The developer will begin grading the area this spring, setting the stage for future additions to the Miske Meadows Subdivision. Financial Impact None Attachments ■ Grading Permit dated April 16, 2018 The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAWRE1 GRADING PERMIT GRADING PERMIT (“Permit”) dated April 16, 2018, issued by the CITY OF ELK RIVER, a Minnesota municipal corporation ("City"), to PAXMAR, a Minnesota Limited Liability Company (the "Developer"). 1. Request for Grading Permit. The Developer has asked the City to allow the Developer to grade the land hereinafter described and to issue a grading permit in conjunction with the proposed plat for MISKE MEADOWS (referred to in this permit as the "Plat"). The land (“Land”) is legally described on Exhibit A attached hereto. 2. Conditions of Approval. The City hereby approves the Permit on condition that the Developer abide by its terms, the following conditions, and furnish the security required by it. The approval of this Permit does not require the City to approve the proposed Plat. A. Provide written permission from adjacent property owners for any and all work completed outside of property owned and controlled by Developer B. Staff approval of updated grading, erosion control, and all other required plans. C. Approval of the grading permit does not constitute approval of lot configuration, size, alignment, or location. 3. Plans. The proposed Plat shall be graded in accordance with the following plans. The plans shall not be attached to this Permit. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A –Soil Erosion Control Plan and Schedule dated the day of April, 2018, prepared by Sambatek. Plan B –Grading Plans dated the dated the day of April, 2018, prepared by Sambatek. 4. Time of Performance. The Developer shall complete the grading and erosion control in the Plats by November 30, 2019. 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. 5. Erosion Control. Plan A shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in Plan A, seed shall be rye grass or other fast-growing seed suitable to the existing soil 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. If the Developer does not comply with Plan A and schedule or supplementary instructions received from the City, 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 thirty (30) days, the City may draw down the Letter of Credit to pay any costs. No other development will be allowed and no building permits will be issued unless the Land is in full compliance with the erosion control requirements and the Developer has received official approval of the Plat and has executed all agreements reasonably required by the City. 6. Grading Plan. The proposed Plat shall be graded in accordance with Plan B. All ponds, swales, and ditches shall be constructed on public easements or land owned by the City. Within thirty (30) days after completion of the grading and before the City releases the Security provided for in paragraph 8 of this Permit, the Developer shall provide the City with an "as constructed" grading plan and a certification by a registered land surveyor or engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. 7. Clean up. The Developer shall promptly clean dirt and debris from streets that has resulted from construction work by the Developer, its agents or assigns. 8. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a cash escrow or irrevocable letter of credit equal to the cost of the proposed work, per the form attached hereto as Exhibit B, and from a bank acceptable to the City ("security") for $50,000. The bank and form of the letter of credit shall be subject to the approval of the City. The letter of credit shall be for a term ending December 31, 2018. 9. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the grading and erosion control, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the permit, the preparation of this permit, and all costs and expenses incurred by the City in monitoring and inspecting the grading and erosion control. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from permit approval and work done in conjunction with it. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorney's fees. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all work and construction. 10. Developer's Default. 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 is first given notice of the work in default, not less than 48 hours in advance. This Permit 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 against the Land. 11. Insurance. Developer shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $1,000,000 for one person and $2,000,000 for each occurrence; limits for property damage shall be not less than $1,000,000 for each occurrence. The City shall be named as an additional insured on the policy on a primary and noncontributory basis, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the Plat. 12. Facsimile Execution. The parties intend to be bound by a facsimile executed copy of this Permit just as fully as by an executed original; provided that the Developer executes the original and delivers it to the City Administrator within five (5) days of the date of this Permit. CITY OF ELK RIVER BY: _________________________________ Mayor AND ________________________________ City Clerk DEVELOPER: ________________________________ BY: __________________________________ Its ________________________ STATE OF MINNESOTA ) ( ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _______ day of ____________, 20___, by ________________________________ and by ________________________________, respectively the Mayor and City Administrator of the City of _______________, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _____________________________________ Notary Public STATE OF MINNESOTA ) ( ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _______ day of _______________, 20___, by ________________________________, the _______________ of _______________________, a Minnesota __________________________, on its behalf. _____________________________________ Notary Public Drafted by: City of Elk River EXHIBIT A Outlots B and C, MISKE MEADOWS, Sherburne County, Minnesota; And PARK, MISKE MEADOWS, Sherburne County, Minnesota; And Outlot A, RIVER PARK, Sherburne County, Minnesota; And The Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4) of Section 36, Township 33, Range 26, Sherburne County, Minnesota, less and except Parcel 9, Sherburne County Highway Right -of-Way Plat No. 30 on County Highway 40.