Agenda - Public Works Committee - 10/21/2003

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18. 19. three (3) existing homesteads are exempt from this fee. The amount of trail fees due on the Plat is Twenty One Thousand Dollars Three Hundred Seventy Five Dollars and no cents ($21,375.00) (45 lots x $475.00 per lot). The DEVELOPER herein agrees to construct a sidewalk along one side of the Krypton Street N.W. cul-de-sac to the common property line of Lots 5 and 6 of Block 3. The DEVELOPER also agrees to construct an 8 foot wide bituminous trail along the entirety of the common property line between Lots 5 and 6 of Block 3. The CITY herein agrees to credit the trail development fees due on the Plat in an amount equal to the surface costs associated with the trail and sidewalk segments described in this paragraph. The amount of the credit shall be One Thousand Eight Hundred Sixty Dollars and no cents ($1,860.00). Therefore, a payment in the amount of Nineteen Thousand Fiv_e Hundred Fifteen Dollars and no cents ($19,515.00) is due to the CITY for this Plat. The DEVELOPER herein agrees to provide the City with a separate document, in recordable form, granting the City a fifteen foot (15') wide easement for trail and access purposes on the common property line between Lots 5 and 6 of Block 3. Sidewalk Construction. The DEVELOPER herein agrees to construct and pave, in accordance with CITY standards, a five (5) foot wide concrete sidewalk with pedestrian ramps in locations prescribed by the CITY, not to exceed 5% in grade, along the east side of Krypton Street N.W., and the south side of 155th Lane N.W. and 154th Lane N.W. The costs associated with sidewalk construction are not eligible as a credit towards the Trail Development Fees and/or Park Dedication requirements due on the Plat. Tree and Sod Planting Plan. Sodded boulevards, in addition to yard trees in accordance with the Final Tree Plan dated March 27, 2003, revised April 17, 2003, are required for each. lot in the Plat prior to issuance of a Certificate of Occupancy. The DEVELOPER is required to submit a Final Tree Plan for CITY approval that identifies existing tree growth within the Plat that will be protected during construction, and the location and species of the new plantings. The trees to be protected must be identified on the grading plan, and the plan must require the installation of 'tree save fences' prior to land clearing or grading. In addition, the requirement for this Plan shall be fulfilled by the DEVELOPER as follows: Minimizing the impact of Construction on trees in accordance with Minnesota Extension Service publication "Protecting Trees From Construction Damage" (Publication #NR-FO-6135-S). b) For trees intended to be planted between the sidewalk and the street, the specific locations must be staked in advance of planting and approved by the CITY. In the event the weather is not conducive to tree or planting sod in the boulevard at the time of Certificate of Occupancy, the Building Permit holder shall place a cash deposit in the amount of $300.00 for trees and $300.00. for sod in an escrow account with the CITY and upon verification of the planting being accomplished, said cash deposit shall be refunded to the Building Permit holder. Failure of the Builder to comply with the planting requirement within a reasonable time frame following a determination by the CITY that weather conditions are conducive to planting shall Development Agreement/Wildlife Sanctuary 3P~ Addition Page 7 of 12 24