AF-AG - 45249�
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made this t�_ day of S-c-cPf"�m�r' , 2001,
between the City of Fridley, acting through its Mayor and City Manager
(hereinafter called the "City"), and Bruce Nedegaard, (hereinafter called the
"Develope�').
WHEREAS, The Developer have made application to the City Council for the
approval of a plat of land within the corporate limits of the City described as
follows
Outlot 1, Hut Berg Addition (the "Subdivision"); and to be described as
Skywood Manor
WHEREAS, the City Council, by resolution # -�� , adopted
5�,��-�r /D , 2001, granted Developer's plat request for a portion of the
property to allow it to construct four single family homes on the subdivision on
the cor►dition that the subdivision is developed according to the site plan, dated
S i o , 2001, and in accordance with stipulations of approval
incorporated herein by reference (See attached Exhibit B).
NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed
as follows:
1. Improvements. Improvements shall include, but not be limited to the
following:
♦ Concrete curb and gutter repair at driveway aprons
♦ Approved site grading and drainage plans
♦ Underground utilities for the four new homes
♦ Setting of lot and block monuments
♦ Surveying and staking
♦ Temporary tree protection devices
The improvements shall be installed in accordance with City standards,
ordinances, City Council prescribed stipulations as evidenced as conditions in
any resolution accepting t%is agreement and any related plat, and technical
specifications. The Preliminary site grading, construction of underground
utilities, including main line sewer, water and sewer services; and full street
restoration shall be completed prior to sale of any lots and prior to issuance of
any building permits.
The Developer agrees that it will not sell any lot, parcel or whole or
partial portion of the Subdivision, nor sell, rent, or cause to be occupied, any
house, other building or structure constructed on the development or within the
development until the City has approved and the Developer has completed the
construction of the improvements covered by this Development Agreement, the
applicable building codes, and other applicable govemment regulations and has
issued a Certificate of Occupancy, unless the City has agreed in writing to waive
this requirement as to a specific lot or premises.
The Developer shall follow all instructions received from the City's
inspectors. The Developer shall schedule a pre-construction meeting at a
mutually agreeable time at the City Hall with all parties concemed, including the
City Staff, to review the program for the construction of each home.
2. Water and Sewer A water and sewer lateral fee assessment will be
applied to each lot.
(A) The Developer shall construct a sanitary sewer main line extension
and stub water and sewer services to lots #2, #3 and #4 as shown on
the preliminary plat. These water and sewer services shall be
inspected and must meet all City standards. The City (at the
developer's expense) will patch the street to City's specifications
following the installation of water and sewer services, the Developer
must have the cut approved by the Public Works Department of the
City.
(B} The Developer shall provide a planlprofile drawing prepared by an
engineer registered with the State of Minnesota for the sanitary sewer
main line extension on 53nd Avenue prior to construction for approval by
City Engineering staff.
3. Gradinq, Erosion Control, and Tree Preservation P{ans. The
Developer shall submit a grading and drainage, erosion control, and tree
preservation plan which shall clearly show for each lot:
(A) The grading limits for the construction of the new home.
(B) All areas disturbed by the excavation and backfitl operations shall
be re-sodded forthwith after the completion of the work in that
area. Except as otherwise provided in the erosion control plan. If
the Developer, futu�e owner, its contractors, or subcontractors
does not comply with the erosion control plan and schedule or
supplementary instructions received from the City and the Anoka
County Soil and Water Conservation District, or the Six Cities
Watershed Management Organization, the City may take such
action as it deems appropriate to control erosion. The City will
endeavor to notify the Developer, future owner, contractors, or
subcontractors in advance of any proposed action, but failure of
the City to do so will not affect the City's rights or obligations
hereunder.
(C)The location of warning signage (tree protection ribbon) that will
be placed around the perimeter of the construction limits
protecting all significant trees outside the construction limits.
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(D)The location of any significant trees to be saved inside the
construction limits. Any significant trees to be saved shall have
fencing around them, which shall extend wherever possibfe to the
tcee drip {ine. No construction or grading work shall commence
until the City staff has field inspected items (1) and (2) above.
4. Street Clean Up. At any time upon the request of City staff and after
the construction is complete, the Developer shall clear all soil, earth, or debris
from the streets and storm sewer and from the lots within the development
resulting from any construction on the land within the development by the
Developer.
5. Permits. The Developer shall obtain all necessary permits for the
development of the property. The Developer shall pay SAC fees at the time of
the building permit issuance.
6. Park Dedication. In accordance with the policies and ordinances of
the City, the Develope� shall pay a park dedication fee at a rate of $1,500.00 per
lot at the time of building peRnit issuance. The total park dedication fee for the
development is $6,000.00. (four lots x $1,500.00 = $6,000.00).
7. Drainaqe Easement. The Developer shall provide the City with
easements dedicated on the plat over the 4 lots of the property as proposed in
the Final Plat mylars presented for signature.
8. License. The Deveioper hereby grants the City, its agents,
employees, officers, and contractors a license to enter the plat to perform all
work and inspections deemed appropriate by the City in conjunction with plat
development.
9. Final Plat Approval. The City agrees to give final approval and shall
sign the final plat of the subdivision upon execution and delivery of this
agreement, and approval of the plat by the County and of a{I required petitions,
bonds, and security.
10. Leqal Proceedinqs. In addition to the foregoing, the City may
institute any proper action of proceeding at law or at equity to abate violation of
this Development Agreement, or to prevent use or occupancy of the proposed
dwellings.
11. Ownership of Improvements. Upon completion of the work and
construction required by this agreement, the improvements lying within public
easements shall become City property without further notice or action.
12. Transfers of Interest — as described in Paragraph 1.
13. Attornevs' Fees. The Developer agrees to pay the City reasonable
attomeys' fees and costs incurred in the event of any lawsuit or action is
commenced to enforce the terms of this agreement and to collect sums due by
the City under the terms of this agreement.
14. Severability. If any portion, section, subsection, sentence, clause,
paragraph, or phrase of this contract is for any reason held to be invalid, illegal or
unenforceable by a court of competent jurisdiction, such decision shall not
invalidate or render unenforceable any other provisions of this contract, and the
remaining provisions of this contract shall not in any way be affected or impaired.
15. Binding Effect. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs, representatives, successors, and
assigns if any of the Developer and City hereto and shall be binding upon all
future owners of all or any part of the subdivision, and shall be deemed
covenants running with the land. Reference in this document to the developer, if
there be more than one, shall mean each and all of them. This agreement, at
the option of the City, shall be placed of record so as to give notice of this
agreement to subsequent purchasers and encumbrances of all or any part of the
subdivision. All recording fees, if any, shall be paid by the developer.
16, Assiqnability. No duty or obligation of the Developer under this
Agreement may be assigned in whole or part to any third party without the
express written consent or waiver of by the City.
SIGNED AND EXECUTED by the parties hereto on this ��day
of ,pr� ��, 2001
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ATTEST:
Debra A. Skogen, City lerk
CITY OF FRIDLEY
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EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL
1. Petitioner shall obtain all necessary building permits prior to construction.
2. Any remaining debris from demolition of existing home and any outdoor storage on
site shall be removed prior to granting of final plat.
3. Regular maintenance of the site to be done by the Developer until the homes are
built.
4. Grading and drainage plan to be approved by City's Engineering staff prior to
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
5. Provide proof that any existing wells or individual sewage treatment systems located
on the site are property capped or removed.
6. During construction, silt fencing shall be used where applicable.
7. Petitioner to pay $1,500 per lot park fees prior to issuance of building permits.
8. Petitioner shall be responsible for installation of sewer and water service
connections from property line to existing City utilities. Pian to be approved by City's
Engineering department. �
9. The petitioner shall agree to preserve mature trees to the extent possible. All trees
required to be removed for the homes shall be marked and approved by City staff
prior to issuance of building permits.
10. Petitioner shall provide easements as shown on preliminary plat drawing.
11. At British Petroleum's request, petitioner shall agree to not build closer than 25 feet
from the centerline of the BP Pipeline on Lots #3 and #4.
12. No soil can be removed from over the BP Pipeline that results in a depth of less
than 3 feet.
13. Utilities crossing the BP Pipeline must be located below it and have a minimum
clearance to 12 inches between structures.
14. A Development Agreement outlining the Developer's obligation to install utilities,
etc., will be prepared by the City and shall be signed by the Petitioner, prior to final
plat approval. �