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Home My WebLink About6.l. Authorize Declaration of Covenants and Restrictions – Connemara Crossing, City Project 391 ROSENILOUNT EXECUTIVE SUMMARY ff CITY COUNCIL City Council Meeting: December 6, 2011 AGENDA ITEM: Authorize Declaration of Covenants and AGENDA SECTION: Restrictions — Connemara Crossing, City Consent Project #391 PREPARED BY: Andrew J. Brotzler, PE, Director of P t!i ^ Works /City Engineer AGENDA NO. ,I. ATTACHMENTS: Declaration of Covenants and APPROVED BY: Restrictions �QJ RECOMMENDED ACTION: Motion to enter into a Declaration of Covenants and Restrictions with Basic Builders and authorize the necessary signatures. BACKGROUND: As part of the Subdivision Agreement for the Connemara Crossing development located on Biscayne Avenue at Connemara Trail, the developer is required to maintain a Letter of Credit for the undeveloped lots as a surety for erosion control and landscape at the time that units are built. Due to the unfortunate length of time that it is taking to develop the remaining lots, the developer requested the City to consider an alternate security method than retaining a Letter of Credit for an unknown amount of time. As the security is only needed when a`unit is built and not until that time, the City Attorney drafted the attached Declaration of Covenants and Restrictions document. If approved by Council, this document will require the developer to provide the necessary financial securities for erosion control and landscaping as part of the building permit bn a per unit basis. This would then allow the release of the current Letter of Credit in -place for all remaining lots to be developed. SUMMARY: Staff recommends Council approval of the Declaration of Covenants and Restrictions for Connemara Crossing. G: \ENGPROJ \391 \20111206 CC Declaration of Covenants and Rcstrictions.doc DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration is made the day of , 2011, by Basic Builders, Inc., a Minnesota corporation (hereinafter referred to as the "Declarant "). WHEREAS, Declarant is the owner of real property described as Lots 1, 2, 3, 6, 7, 8, 13, 14, 15, 23, 24, 25, 32, 33, 34 and 35, Block 1, Connemara Crossings, and Lots 3, 4 and 5, Block 2, Connemara Crossings, all in Dakota County, Minnesota (hereinafter referred to as the "Subject Properties "); and WHEREAS, in connection with, and as a condition of approval of, the subdivision of Connemara Crossings, Declarant entered into an agreement with the City of Rosemount, Minnesota (the "City "), entitled SUBDIVISION AGREEMENT Connemara Crossings, dated February 15, 2005 (the "Subdivision Agreement "), an original copy of which is on file with the Director of Public Works of the City; and WHEREAS, the Subdivision Agreement required the Declarant to provide letters of credit to secure performance of certain obligations of Declarant under the Subdivision Agreement; and WHEREAS, Declarant has requested that the remaining letters of credit be released and that as a substitute security for such letters of credit, the Declarant will execute and record this Declaration to secure performance of remaining obligations of Declarant under the Subdivision Agreement, and as Consideration to secure release of such letters of credit by the City; and WHEREAS the City has agreed to release such letters of credit on the condition that this Declaration be executed by Declarant and recorded against title to the Subject Properties; and WHEREAS, to secure the benefits and advantages of approval of such amendment to the Subdivision Agreement, the Declarant desires to subject the Subject Properties to the terms hereof. NOW, THEREFORE, Declarant declares that the Subject Properties are, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions, and restrictions hereinafter set forth. 350502 CLL RS220 -198 1 .. E 1. Each lot of the Subject Properties are included within a building pad as indicated in the following list: Pad #1 Lots 1, 2 and 3, Block 1 Pad #3 Lots, 6, 7 and 8, Block 1 Pad #4 Lots 13, 14 and 15, Block 1 Pad #5 Lots 23, 24 and 25, Block 1 Pad #6 Lots 32 and 33, Block 1 Pad #7 Lots 34 and 35, Block 1 Pad #8 Lots 3, 4 and 5, Block 2 2. No building permits will be issued for improvement of any lot of the Subject Properties until Declarant has paid to the City a cash deposit, to secure performance of Declarant's obligations under the Subdivision Agreement in the amounts specified below for the pad of which that lot is a part. a. $500 per pad to secure performance of Declarant's obligations relating to that pad for the setting of lot and block monuments under paragraphs 6B of the Subdivision Agreement. b. $800 per pad to secure performance of Declarant's obligations relating to that pad for landscaping under paragraphs 6F, 14 and 17 of the Subdivision Agreement. c. $500 per pad to secure performance of Declarant's obligations relating to that pad for grading, erosion control, and clean -up under paragraphs 11, 13 and 15 of the Subdivision Agreement. 3. The obligations and restrictions of this Declaration run with the land of the Subject Properties and shall be enforceable against the Declarant, its successors and assigns, by the City of Rosemount, acting through its City Council. This Declaration may be amended from time to time by a written amendment executed by the :owner or owners of the lot or lots to be affected by said amendment upon the written approval of the City Council. IN WITNESS WHEREOF, the undersigned, as duly authorized agents, officers or representatives of Declarant have hereunto set their hands and seals as of the day and year first above written. 350502 CLL RS220 -198 2 DECLARANT Basic Builders, Inc. By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2011, by , its , of Basic Builders, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: KENNEDY & GRAVEN, CHARTERED (CLL) Attorneys at Law 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9215 350502 CLL RS220 -198 3 AMENDMENT TO SUBDIVISION AGREEMENT This Amendment is made and entered into by and between the City of Rosemount, a Minnesota municipal corporation (the "City "), and Basic Builders, .Inc., a Minnesota corporation (the "Developer "). WHEREAS, the City and the Developer are parties to an agreement entitled SUBDIVISION AGREEMENT Connemara Crossings, dated February 15, 2005 (the "Subdivision Agreement "); and WHEREAS, the Developer has requested that the City release remaining letters of credit being held by the City as of the date of this Amendment to secure performance of certain obligations of the Developer under the Subdivision Agreement; and WHEREAS, the City is willing to amend the Subdivision Agreement to provide alternate security to assure performance of certain obligations of the Developer under the Subdivision Agreement as provided herein. NOW, THEREFORE, on the basis of the premises and mutual covenants and agreements hereinafter set forth, the parties agree as follows: 1. The Subdivision Agreement is amended as set forth in this Amendment. Except as explicitly modified herein, the Subdivision Agreement shall remain in full force and effect. 2. Each lot of the Subject.. Properties are included within a building pad as indicated in the following list: Pad #1 Lots 1, 2 and 3, Block 1 Pad #3 Lots, 6, 7 and 8, Block 1 Pad #4 Lots' 13, 14 and 15, Block 1 Pad #5 Lots 23, 24 and 25, Block 1 Pad #6 Lots 32 and 33, Block 1 Pad #7 Lots 34 and35, Block 1 Pad #8 Lots 3, 4 and 5, Block 2 3. No building permits will be issued for improvement of any lot of the Subject Properties until Developer has paid to the City a cash deposit, to secure performance of Developer's obligations under the Subdivision Agreement in the amounts specified below for the pad of which that lot is a part. 350507 CLL RS220 -198 1 t . i a. $500 per pad to secure performance of Developer's obligations' relating to that pad for the setting of lot and block monuments under paragraphs 6B of the Subdivision Agreement. b. $800 per pad to secure performance of Developer's obligations relating to that pad for landscaping under paragraphs 6F, 14 and 17 of the Subdivision Agreement. c. $500 per pad to secure performance of Developer's obligations relating to that pad for grading, erosion control, and clean -up under paragraphs 11, 13 and 15 of the Subdivision Agreement. 4. The Developer will execute and record a declaration against the Subject Properties in the form attached hereto as Attachment One, which is hereby made a part hereof. 5. Upon receipt of evidence of recording of the declaration against the Subject • Properties, the City will release the remaining letters of credit held by the City under the Subdivision Agreement. However, notwithstanding the release of such letters of credit, the Developer shall remain obligated to perform all obligations of the Developer under the Subdivision Agreement. IN WITNESS WHEREOF, the parties hereto, by their authorized representatives, have executed this Amendment as of the day and date first above written. CITY OF ROSEMOUNT By: William Droste, Mayor And by: Amy Domeier, City Clerk BASIC BUILDERS, INC. By: Its: 350507 CLL RS220 -198 2