HomeMy WebLinkAbout6.n. Approve Subdivsion Agreement - Prestwick Place 10th Addition Street & Utility Improvements - CP 457 4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: July 15, 2014
AGENDA ITEM: Approve Subdivision Agreement—
Prestwick Place 10th Addition Street & AGENDA SECTION:
Utility Improvements, City Project 457 Consent
PREPARED BY: Phil Olson, PE, Assistant City Engin AGENDA NO. �. h
ATTACHMENTS: Subdivision Agreement APPROVED BY:
RECOMMENDED ACTION: Motion to Approve the Subdivision Agreement for the
Prestwick Place 10th Addition Street and Utility Improvements, City Project 457
BACKGROUND:
The Rosemount City Council approved the final plat for the Prestwick Place 10`h Addition at the June 17,
2014 City Council meeting, contingent upon an executed subdivision agreement with the developer, U.S.
Home Corporation (Lennar). Attached for your review is the final draft of the subdivision agreement that
has been reviewed by the Developer, City staff and the City Attorney. The subdivision agreement includes
a Petition and Waiver Agreement to assess the construction cost, as well as trunk fees and other street
assessments, to the 26 lots within the development. These assessments will be paid by the developer with
each building permit over the next five years.
SUMMARY:
Staff recommends Council approve the subdivision agreement for the Prestwick Place 10`h Addition Street
&Utility Improvements, City Project 457.
G:AENGPROJ\457\Council Items\20140715 CC approve subdivision agreement.docz
SUBDIVISION AGREEMENT
Prestwick Place 10`''Addition
AGREEMENT dated this day of 1,, u/y , 2014 by and
between the CITY OF ROSEMOUNT, a 1Vlinnesota municipal corporation, (the "City"), and U.S.
HOME,CORPORATION,INC., a Delaware corporation (the "Developer").
1. Request for Plat Approval. The Developer has asked the City to approve the subdivision of
land and a plat of land to be known as Prestwick Place 10`h Addition, which land is legally
described on ATTACHMENT ONE, attached hereto and hereby made a part hereof (hereinafter
referred to as the "subject property").
2. Conditions of Plat Approval. The City has approved the subdivision and the plat on the
following conditions:
a. Incorporation of recommendations of the City Engineer concerning design and installation
of public infrastructure and including grading, erosion control, streets and utilities.
b. Execution of a Subdivision or Development Agreement to secure the public and private
improvements.
c. Payment of all applicable fees including GIS, Park Dedication and other fees identified in
the current fee schedule.
d. Incorporation of any easements necessary to accommodate drainage, ponding, trails,
underpasses, conservation areas, streets and utilities.
e. Payment of $208,023 for the Developer's share of Connemara Trail extension project, as
indicated on EXHIBIT D of ATTACHMENT TWO. This amount is based on the actual
construction cost for the portion west of Akron Avenue, and construction estimates for the
portion east of Akron Avenue.
f. Payment of $4,666 for the Developer's share of the construction of Akron Avenue, as
indicated on EXI I1BtT D of ATTACHMENT TWO.
Prestwick Place 10"Addition
June,2014
Page 1 of 10
g. Payment of $13,684 for the Developer's share of the future construction of Ailesbury
Avenue, as indicated on EXEIIBIT D of ATTACI EMENr-M10.
3. Phased Development. The City may refuse to approve final plats of subsequent additions of
the plat if the Developer has breached this Agreement and the breach has not been remedied.
Development of subsequent phases may not proceed until Subdivision Agreements for such
phases are approved by the City.
4. Effect of Subdivision Approval. For two (2) years from the date of this Agreement, no
amendments to the City's Comprehensive Plan, except an amendment placing the plat in the
current urban service area, or official controls shall apply to or affect the use, development
density,lot size,lot layout or dedications of the approved plat unless required by state or federal
law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding
anything in this Agreement to the contrary, to the full extent permitted by state law, the City
may require compliance with any amendments to the City's Comprehensive Guide Plan, official
controls,platting or dedication requirements enacted after the date of this Agreement.
5. Development Plans. The subject property shall be developed in accordance with the
following plans, original copies of which are on file with the City Engineer. The plans may be
prepared, subject to City approval, after entering this Agreement, but before commencement of
any work on the Subject Property. If the plans vary from the written terms of this Agreement,
the written terms shall control. The plans are:
Plan A -Plat
Plan B - Soil Erosion Control Plan and Schedule
Plan C -Drainage and Storm Water Runoff Plan
Plan D -Plans and Specifications for Public Improvements
Plan E - Grading Plan and House Pad Elevations
Plan F - Street Lights
Plan G- Landscape Improvements
6. Installation by Developer. The Developer shall install or cause to be installed and pay for the
following, hereinafter referred to as the "Developer Improvements":
A. Setting of lot and block monuments
B. Surveying and staking of work required to be performed by the Developer
C. Gas, electric, telephone, and cable lines
D. Site grading
E. Landscaping
F. Streetlights
Prestwick Place 10th Addition
June,2014
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G. Other items as necessary to complete the development as stipulated herein or in other
agreements
7. Time of Performance. The Developer shall install all required improvements enumerated in
Paragraph 6 which will serve the subject property- by December 31, 2014. 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.
8. Public Infrastructure. The following improvements, hereinafter referred to as "Public
Infrastructure Improvements" (known as City Project 457), shall be designed, inspected,
surveyed and administered by the City, and installed in the Subject Property at Developer
expense by a Contractor selected by the City through the public bidding process:
A. Sanitary Sewer
B. Watermain
C. Storm Sewer
D. Streets
E. Sidewalks/Pathway s
ATTACHMENT ONE shows the area within which the Public Infrastructure Improvements will
be constructed pursuant to this Paragraph. Contracts shall provide for construction in
accordance with plans and specifications prepared by the City or its consultants. The City, will
not enter into such contracts until all conditions of plat and subdivision approval have been
met, the plat is recorded, and the City has received the bonds and security required by this
agreement.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
9. Assessment for Costs of Public Infrastructure Improvements. Developer petitions the City
for construction of the Public Infrastructure Improvements listed in paragraph 8, Connemara
Trail, Akron Avenue, and a portion of Ailesbury Avenue, and the assessment of Developer's
share of the cost thereof, together with Storm Sewer Trunk Charge, Sanitary Sewer Trunk
Charge and Watermain Trunk Charge against the Subject Property in accordance with the
Petition and Waiver Agreement attached hereto as ATTACHHMENT TwO,which is hereby made a
part hereof.
Payment of special assessments when due as levied and as specified in AT1T 04MJ'NT Y\vo is a
personal obligation of Developer, and upon failure of Developer or its successors in interest to
pay such assessments when due, the City may exercise any remedy specified herein or otherwise
allowed in law or equity, including but not limited to, refusal to issue building permits and
certificates of occupancy for any lot or lots for which the full amount of principal and accrued
interest of assessments levied pursuant to ATir,NCHN[FNT Twlo are not fully paid. Upon
execution of this Agreement, the Developer will provide the letter of credit described in
A"I r.ACHM17NT TvTo.
Prestwick Place 10t'Addition
June,2014
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10. Security for Developer Improvements. To guarantee compliance with the terms of this
Agreement, payment of the costs of all Developer Improvements, and construction of all
Developer Improvements (as noted in Paragraph 6), the Developer shall furnish the City with a
cash escrow or irrevocable letter of credit from a local bank ("security") in the amount of
Ninety-One Thousand, Six Hundred Thirty Dollars ($91,630),which is 110% of the estimated
cost of the Developer Improvements. The amount of the security was calculated as follows:
Cost 110%
Pond Restoration and Erosion Control Removal $25,000 $27,500
Survey Monumentation $13,000 $14,300
Landscaping $24,600 $27,060
Street Lighting 5 lights) $20,000 $22,000
Buffer Monumentation (14 signs) $700 $770
Total $83,300 $91,630
Refer to EXHIBIT A and EXHIBIT B for an explanation of each item.
The bank and form of the letter of credit or other security shall be subject to the approval of
the City Administrator. The letter of credit shall be automatically renewable until the City
releases the developer from responsibility. The letter of credit shall secure compliance with the
terms of this Agreement and all obligations of the Developer under it. The City may draw
down on the letter of credit without notice if the obligations of the Developer have not been
completed as required by this Agreement. In the event of a default under this Subdivision
Agreement by the Developer, the City shall furnish the Developer with written notice by
certified mail of Developers default(s) under the terms of this Subdivision Agreement. If the
Developer does not remove said default(s) within two (2) weeks of receiving notice, the City
may draw on the letter of credit. With City approval, the letter of credit may be reduced from
time to time as financial obligations are paid and developer-installed improvements completed
to the City's requirements.
11. Grading Plan/Site Grading. Site grading shall be completed by the Developer at its cost and
approved by the City Engineer. The completion of grading activities will need to be
coordinated by the City in conjunction with the installation of utilities. Developer shall furnish
the City Engineer satisfactory proof of payment for the site grading work and shall submit a
certificate of survey of the development to the City as the site grading is completed by phase,
with street and lot grades. If the installation of utilities is occurring simultaneously, with the
grading, the utility contractor shall have preference over the grading activities. No substantial
grading activities can be completed over installed utilities unless otherwise protected. All
improvements to the lots and the final grading shall comply with the grading plan as submitted
and shall be the responsibility of the Developer.
12. License. The Developer hereby grants the City, its agents, employees, officers and contractors
a license to enter the Subject Property to perform all work and inspections deemed appropriate
by the City during the installation of Public Infrastructure Improvements.
13. Erosion Control. Prior to site grading, and before anv utility construction is commenced or
Prestwick Place 10t,Addition
June,2014
Page 4 of 10
building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected
and approved by the City. All areas disturbed by the excavation and backfilling operations shall
be reseeded within 72 hours after the completion of the work in that area. Except as otherwise
provided in the erosion control plan, 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.
All basement and/or foundation excavation spoil piles shall be kept completely off City right-
of-way and shall be completely surrounded with an approved erosion control silt fence.
Approved erosion control fencing shall be installed around the perimeter of each lot or at City-
approved locations at the time of building permit issuance and remain in place until the lot is
seeded or sodded. A 20-foot opening will be allowed on each lot for construction deliveries.
The parties recognize that time is critical in controlling erosion. If development does not
comply with the erosion control plan and schedule, or supplementary instructions received
from the City, the City may take such action as it deems appropriate to control erosion. This
right also applies to the required erosion control for basement and/or foundation excavation
spoil piles. The City will attempt to notify the Developer in advance of any proposed action,
but failure of the City to do so will not affect the Developer's or 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 development will be allowed, and no building permits will be issued unless the Subject
Property is in full compliance with the erosion control requirements.
14. Planting and Seeding. Landscaping shall be in accordance with Landscape Plans approved by
the City Planner.
15. Cleanup. The Developer shall clean streets of dirt and debris that has resulted from
construction work by the Developer, its agents or assignees. The City will inspect the site on a
weekly basis and determine whether it is necessary to take additional measures to clean dirt and
debris from the streets. After 24 hours verbal notice to the Developer, the City will complete
or contract to complete the clean up at the Developer's expense in accordance with the
procedures specified in Paragraph 13. The Developer shall inspect and, if necessary, clean all
catch basins, sumps, and ponding areas of erosion/siltation and restore to the original
condition at the end of home construction within this development. All silt fence and other
erosion control should be removed following the establishment of turf. These items are to be
secured through the letter of credit as is noted in EXHIBIT A.
16. Ownership of Improvements. Upon completion and City acceptance of the work and
construction required by this Agreement, the public improvements lying within public rights-
of-way and easements shall become City= property without further notice or action unless the
improvements are slated as private infrastructure.
17. Warranty. The Developer warrants all work required to be performed by it against poor
material and faulty workmanship for a period of two (2) years after its completion and
acceptance by the City. All trees, grass and sod shall be warranted to be alive, of good quality
and disease free for twelve (12) months after planting.
Prestwick Place 10"Addition
June,2014
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18. 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 development of the Subject Property including, but not
limited to, Soil and Water Conservation District charges, legal, planning, engineering and
inspection expenses incurred in connection with approval and acceptance of the
subdivision and the plat, the preparation of this Agreement and any amendments hereto,
and all costs and expenses incurred by the City in monitoring and inspecting the
development of the Subject Property.
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
plat or subdivision approval and development of the Subject Property. 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 preparation and
enforcement of this Agreement, including engineering and attorney's fees. The
remaining estimated City fees of $197,883 shall be deposited with the City at the time
this Agreement is signed,and represent the following estimates:
$15,000 Engineering Review Fees
$154,215 Engineering Design and Construction Admire Fees
($25,000) Engineering Design Fees paid 5/22/14
$3,500 Attorney Fees
$38,554 5% City Fees
$1,440 Street Light Energy Cost
$1,560 GIS Fees
$8,614 Seal Coating
$197,883 Total Amount Due
If the actual City fees exceed this estimate, the Developer shall pay the additional costs
to the City within ten (10) days of the request.
D. 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 work and construction including, but not
limited to, the issuance of building permits for lots which the Developer may or may not
have sold,until the bills are paid in full. Bills not paid within thirty (30) days shall accrue
interest at the rate of nine percent(9%) per year.
E. The Developer shall pay all energy costs for street lights installed -,within the Subject
Property for 24-months at a cost of S12/month/light. After that, the City will assume
the energy costs.
Prestwick Place 10"'Addition
June,2014
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F. The Developer will pay the cost of sealcoating the streets within the development at a
cost of$1.70/SY. The sealcoating will be completed within two (2) years following wear
course placement.
G. The Developer shall pay the cost of fog sealing the trails within the development at a
cost of$0.10/SF. The fog sealing will be completed within two (2) years following trail
installation.
19. The Developer agrees to pay fees, charges and assessments set forth in this Section prior to, or
at the time of, execution of any plat by the City:
A. Storm Sewer Trunk Area Charges in the amount of $0 ($45,378 to be assessed with
Petition &Waiver agreement)
B. Sanitary Sewer Trunk Area Charges in the amount of $0 ($9,019 to be assessed with
Petition&Waiver Agreement)
C. Watermain Trunk Area Charges in the amount of $0 ($54,535 to be assessed with
Petition &Waiver Agreement)
D. Park dedication fees in the amount of$0 (land dedicated by the developer with Prestwick
Place 3`d Addition).
Or other amounts for such fees as in effect at the time of plat approval.
20. The Developer understands that builders will be required to pay for the Subject Property fees,
charges and assessments in effect at the time of issuance of building permits. The rates for
each of these items will be set according to the current rate structure at the time the building
permit is received. The fees, charges, and assessments in effect as of the date of this agreement
are:
A. Metropolitan Council Environmental Services Availability Charges per SAC unit
(current rate is $2,485).
B. Storm Sewer Connection Charges per single family, unit and per multiple family unit
(single family currently at$770; multi-family currently at$290 per housing unit).
C. Sanitary Sewer Availability Charges per SAC unit (currently at$1,200/SAC unit).
D. Water Availability Charges per SAC unit (currently at $2,175/SAC unit for single family
residential and multi-family residential).
21. Building Permits. No occupancy permits shall be issued until:
A. The site grading is completed and approved by the City.
B. All public utilities are tested, approved by the City Engineer, and in service.
C. All curbing is installed and backfilled.
D. The first lift of bituminous is in place and approved by the City.
E. All building permit fees are paid in full.
F. No early building permits will be issued.
Prestwick Place 10th Addition
June,2014
Page 7 of 10
The Developer,in executing this Agreement,assumes all liability and costs for damage or delays
incurred by the City in the construction of public improvements caused by the Developer, its
employees,contractors, subcontractors,material men or agents. No occupancy permits shall be
issued until the public streets and utilities referred to in paragraph 6 and 8 are in and approved
by the City,unless otherwise authorized in writing by the City Engineer.
22. Record Drawings. At project completion, Developer shall submit record drawings of all
public and private infrastructure improvements in accordance with the City's Engineering
Guidelines. No securities will be fully released until all record drawings have been submitted
and accepted by the City Engineer.
23. 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 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, levy the cost in whole or in part as a special assessment against the Subject
Property. Developer waives its rights to notice of hearing and hearing on such assessments and
its right to appeal such assessments pursuant to Minnesota Statutes, Section 429.081.
24. Miscellaneous.
A. The Developer represents to the City that the development of the Subject Property, the
subdivision and the plat comply 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 subdivision, or the plat,
or the development of the Subject Property does not comply, the City may, at its option,
refuse to allow construction or development work on the Subject Property until the
Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of
building permits,including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph or phase of this
Agreement is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Agreement.
E. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
City, the Developer, its contractors, subcontractors, material men, employees, agents or
third parties.
Prestwick Place 10"Addition
June,2014
Page 8 of 10
F. 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.
G. This Agreement shall run with the land and may be recorded against the title to the
property. The Developer shall take such steps, including execution of amendments to
this Agreement, as are necessary to effect the recording hereof. After the Developer has
completed the work required of it under this Agreement, at the Developer's request, the
City will execute and deliver to the Developer a release.
H. 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 the 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 exciting 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.
L The Developer may not assign this Agreement without the written permission of the
City Council.
25. Notices. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by registered
mail at the following address:
ivIN Land Division
U.S. Home Corporation
16303 36"'Avenue North,Suite 600
Plymouth,I\�I 53446
Notices to the City shall be in writing and shall be either hand delivered to the City
Administrator, or mailed to the City by registered mail in care of the City administrator at the
following address:
City Administrator
Rosemount City Hall
2875 145 ' Street West
Rosemount,Minnesota 55068
Prestwick Place 10t'Addition
June,2014
Page 9 of 10
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
CITY OF ROSEMOUNT
BY:
William H. Droste, Mayor
BY:
Clarissa Hadler, City Clerk
STATE OF MINNESOTA
SS
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
, 2014, by William H. Droste, Mayor, and Clarissa Hadler, City= Clerk, of
the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
U.S. HOME CO TION
BY: _
Its
BY:
Its
STATE OF MINNESOTA
) SS
COUNTY OF 1 tff 1
The foregoin instrument was acknowledged before me this day of
2014 by Xc\ �A its and
---- its of U.S.
Home Corporation, a Delaware corporation, on beh f-:�sai 'torpor
CAgAIE 10 HEY
4,,r ra Notary Public
1 z
state of Minnesota Notary Public
`> My Commission Expires
January 31 , 2017
Dra
City of Rosemount
2875 145th Street West
Rosemount,MN 55068
Prestwick Place 10"'Addition
June,2014
Page 10 of 10
EXHIBIT A
The following clarifies the various portions of the letter of credit for Developer Improvements that are outlined in
the Subdivision Agreement:
Grading & Erosion Control —A restoration and erosion control bond to ensure re-vegetation and erosion control
($3,500/acre). Note: The minimum bond amount is set at$25,000.
Pond Restoration/Erosion Control Removal—A security-to allow for cleaning of sedimentation ponds prior to City=
acceptance, and removal of any installed erosion control measures such as silt fence and wood fiber blanket
following development of 75 percent of adjoining lots (estimated lump sum).
Survey Monumentation—An amount equal to 110% of the cost to monument all lots within the development.
Landscapin —An amount equal to 110% of the cost to complete the minimum required landscaping. If additional
landscaping is planned,a bond for that cost is not required.
Retaining Walls—An amount equal to 110%of the cost to complete the retaining wall construction.
Street Lighting— An amount equal to 110% of the cost to complete the minimum required lighting. If additional
lighting is planned, a bond for that cost is not required ($4,000 per light has been used to calculate this cost).
Buffer Monumentation — An amount equal to 110% of the cost to manufacture and install the necessary buffer
monumentation signs around all ponds and wetlands ($50 per sign has been used to calculate this cost).
Park Equipment—An amount equal to 110% of the cost of improvements agreed upon to be completed in the park
areas.
Wetland Monitoring —An amount equal to 110% of the cost to hire a wetland specialist to monitor the mitigation
areas for 5 years to ensure their proper creation. This wetland specialist will be hired by the City.
Wetland Restoration/Mitigation — An amount equal to 110% of the cost to develop new wetlands should the
mitigation not be effective ($20,000 per acre of mitigation).
Prestwick Place IOth
EXHIBIT B (Page I of 2)
Letter of Credit for Developer Improvements(due before signed plat is released)
No. Item Cost 110% Calculation
1 Grading and Erosion Control $ - $ - $79,200 LOC for grading received 5/19/14
2 Pond Restoration and Erosion Control Removal $ 25,000 $ 27,500 .
3 Survey Monumentation $ 13,000 $ 14,300 $500/lot x 26 lots
4 Landscaping $ 24,600 $ 27,060 Per Citv Planner
5 Street Lights $ 20,000 $ 22,000 5 lights x$4000/light
6 113 uffer Monumentation $ 700 1 $ 770 114 signs x$50/sign
Totall S 83,300 1 $ 91,630
City Fees(due with signed agreement)
No. Item Cost Calculation
Estimated Construction Cost $ 771,076 Engineers Estimate with 10%Contingency
I Engineering Review Fees $ 15,000 Citv Engineer Estimation
2 Engineering Design and Consruction Admin $ 154,215 20%of Estimated Construction Cost
Design Fees Paid by Developer $ (25,000) Paid 05/22/14
3 Attorney Fees $ 3,500 Estimate
4 5%City Administrative Fees $ 38,554 5%of Estimated Construction Cost
5 Street Light Energy Cost $ 1,440 5 lights x 24 months x$12/month
6 GIS Fees $ 1,560 $60/unit x 26 units,or$120/acre
7 Trail Fog Seal $ - N/A
8 Seal Coating $ 8,614 $1.70/SY x 5067 SY(53%of total ROW)
Total $ 197,883
Development Fees(due before signed plat is released)
No. Item Cost Calculation
1 Storm Sewer Trunk Charge $ 45,378 $6865/net developable acre x 6.61 acres
2 Sanitary Sewer Trunk Charge $ 9.019 $1075/acre x 8.39 acres
3 Water Trunk Charge $ 54,535 $6500/acre x 8.39 acres
4 Stormwater Ponding Fee $ N/A
Total $ 108,932
Development Fees(due with each building permit application)
No. Item Cost Calculation
1 Park Dedication $ Land dedicated with Prestwick Place 3rd
Total S
G^ENGPR01\45 TSubdi,isivnagrecmcn[Cslcs-45
Prestwick Place 10th
EXHIBIT B (Page 2 of 2)
Totals
Block Lots Units Block Lot units SQ FT Acres
1 4 1 4 1 1 1 15774.479 0.36
2 11 11 1 2 1 12161.751 0.28
3 11 11 1 3 1 12766.959 0.29
1 4 1 15626.773 0.36
2 1 1 10860.719 0.25
2 2 1 10008 0.23
Total 26 26 2 3 1 12226.436 0.28
2 4 1 12658.945 0.29
Total Plat Area= 20.31 acres 2 5 1 9914.231 0.23
Park Dedication= 0.00 acres 2 6 1 9776.788 0.22
Future Plat Area= 11.92 acres 2 7 1 9237.909 0.21
Developable Area= 8.39 acres* 2 8 1 9636.277 0.22
Ponding to HWL= 1.78 acres 2 9 1 9632.928 0.22
Net Developable Area 6.61 acres 2 10 1 11387.682 0.26
2 11 l 11918.153 0.27
*Excludes future plat areas. 3 1 1 12162.966 0.28
3 2 1 9864.649 0.23
3 3 1 10613.679 0.24
3 4 1 18392.518 0.42
3 5 1 16719.497 0.38
3 6 1 9215.055 0.21
3 7 1 9165.057 0.21
3 8 1 9115.059 0.21
3 9 1 9720.008 0.22
3 10 1 9467.211 0.22
3 11 1 9880.024 0.23
ROW 86047.819 1.98
OUTLOT A 519393.294 11.92
Total Boundary 884802.29 20.31
G:\LNG11R0J\4 7\tiubuici ion reement Calc -457
ATTACHMENT ONE
Prestwick Place 10th Addition
Final Plat
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ATTACHMENT Two
Petition and Waiver Agreement
PETITION AND WAIVER AGREEMENT
This Agreement made this 61#-) day of 2014, by and between the CITY of
ROSEMOUNT, a Minnesota municipal corporation (`City"), and U.S. HOME CORPORATION, a
Delaware corporation ('Owner").
WITNESSETH:
WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property")
located in the City, the legal description of which is set forth on EXHIBIT A, attached hereto and
hereby made a part hereof, and
WHEREAS, the Owner desires to have certain public improvements constructed to serve
the Subject Property generally described as Prestwick Place 10`x', and as more specifically described
in EXHIBIT B, attached hereto and hereby made a part hereof (hereinafter referred to as the
"Improvement Project"); and
WHEREAS, the Owner wishes for the City to construct the Improvement Project without
notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing
on the special assessments levied to finance the Inprovement Project, and to levy $997,449 of the
cost of the Improvement Project, and $108,932 in public utility, trunk area fees against the Subject
Property, as outlined in EXHIBIT D, attached hereto and hereby made a part hereof, and
WHEREAS, the City is willing to construct the Improvement Project in accordance with the
request of the Owner and without such notices or hearings, provided the assurances and covenants
hereinafter stated are made by the Owner to ensure that the City will have valid and collectable
special assessments as they relate to the Subject Property to finance the costs of the Improvement
Project and to pay trunk area fees; and
I G\ENGPROJ\457Tetition and waiver-4d7.docx
WHEREAS, were it not for the assurances and covenants hereinafter provided, the City
would not construct the Improvement Project or levy such assessments without such notices and
hearings and is doing so solely at the behest, and for the benefit, of the Owner.
NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. The Owner hereby petitions the City for construction of the Improvement Project.
2. The Owner represents and warrants that it is the owner of 100 percent of the Subject
Property, that it has full legal power and authority to encumber the Subject Property as
herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject
Property, which is not subject to any liens, interests or encumbrances, except as listed on
EXHIBIT C.
3. The Owner requests that $997,449 of the cost of the Improvement Project be assessed
against the Subject Property. The Owner further requests that trunk area fees for sanitary
and stone sewer and water in the amount of $108,932 be assessed against the Subject
Property.
4. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. Section 429.031,
on the Improvement Project and notice of hearing and hearing on the special assessments
levied to finance the Improvement Project and trunk area fees pursuant to Minn. Stat.
Section 429.061, and specifically requests that the Improvement Project be constructed and
special assessments levied against the Subject Property for the Improvement Project and for
trunk area fees without hearings.
5. The Owner waives the right to appeal the levy of the special assessments in accordance with
this Agreement pursuant to Minn. Stat. Section 429.081, or reapportionment thereof upon
land division pursuant to Min. Stat. Section 429.071, Subd. 3, or otherwise, and further
specifically agrees with respect to such special assessments against the Subject Property or
reapportionment that:
a. Any requirements of Minn. Stat., Chapter 429 with which the City does not comply
are hereby waived by the Owner;
b. The increase in fair market value of the Subject Property resulting from construction
of the Improvement Project will be at least equal to the amount specified in
paragraph 3, and that such increase in fair market value is a special benefit to the
Subject Property; and
2 G:\ENGPR0P.457\Petitlon and waiver-457 docx
C. Assessment of amount specified in paragraph 3 against the Subject Property is
reasonable, fair and equitable.
6. Special assessments for the Improvement Project and for trunk area fees will be levied on a
per lot basis against all lots in the plat, payable over five (5) years and bearing interest at a
rate of two points over the bond rate if bonds are issued by the City for the Improvement
Project, or two points over a current bond rate as determined by the City's financial
consultant. To secure payments of the special assessments, the Owner will provide to the
City a letter of credit in the amount of Six Hundred Sixty-Three Thousand, Eight Hundred
Twenty-Nine Dollars ($663,829), which is 60% of the total assessment amount. The bank
and form of the letter of credit or other security shall be subject to the approval of the City
Administrator. Such letter of credit shall be maintained in effect until all assessments are
paid in full. As assessments are paid, the letter of credit may be reduced or replaced by
substitute letters of credit, not more often than once every twelve months, to an amount that
is not less than the amount of the unpaid assessments. In the event special assessments are
not paid when due,the City may draw on the letter to pay such special assessments. Special
assessments against each lot must be paid in full prior to issuance of a building pen-nit for
that lot.
7. Owner represents and warrants that the Subject Property is not so classified for tax purposes
as to result in deferral of the obligation to pay special assessments; and Owner agrees that it
will take no action to secure such tax status for the Subject Property during the term of this
Agreement.
S. The covenants, waivers and agreements contained in this Agreement shall bind the
successors and assigns of the Owner and shall run with the Subject Property and bind all
successors in interest thereof It is the intent of the parties hereto that this Agreement be in a
form that is recordable among the land records of Dakota County, Minnesota; and the
parties agree to make any changes to this Agreement that may be necessary to effect the
recording and filing of this Agreement against the title of the Subject Property.
9. This Agreement shall terminate upon the final payment of all special assessments levied
against the Subject Property regarding the Improvement Project and trunk area fees, and the
City shall thereupon execute and deliver such documents, in recordable form, as are
necessary to extinguish its rights hereunder.
3 G\6NGPROJ1457\Petition and xNaiver-457.docz
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
above.
CITY OF ROSEMOUNT
By:
William Droste, Mayor
And by:
Clarissa Hadler, City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2014, by William Droste and Clarissa Hadler, the Mayor and Clerk, respectively, of the City of
Rosemount, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf
of the City.
Notary Public
4 G:,ENGPR0J\457\Petition and waiver-457.docx
U.S.HOME CORPORATION
By:
Its:
And by:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF }��,��n)
The foregoing instrument was acknowledged before me this day of
, 2014, by ,��� = , the
'\(` r` of U.S Hoe Corporation, a Delaware Corporation, on
behalf of the orporation.
(-fir
J iH�tiTirs
CARME TOOHEY Notary Public
by 4 Notary Public
State of Minnesota ="
a My Commission Expires
January 31 , 2017
5 G^ENGPR0J\457,Petition and�iaiver-457 docx
ATTACHMENT Two
EXHIBIT A
Prestwick Place 10d' Addition
Final Plat
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EXHIBIT B
Description of the Improvements
The following improvements, known as City Project 457, shall be designed, inspected,
surveyed and administered by the City, and installed in the Subject Property by a Contractor
selected by the City through the public bidding process:
A.Sanitary Sewer
B. Watermain
C.Storm Sewer
D.Streets
E. Sidewalks/Pathways
Contracts shall provide for construction in accordance with plans and specifications
prepared by the City or its consultants.
The City will obtain any necessary permits from the Minnesota Pollution Control Agency,
Department of Health and all other agencies before proceeding with construction.
G�ENGPROY457\1`etition and waiver-457.docs
EXIIIBIT C
Liens. Interests or Encumbrances
G:T--NGPROf,457Tetition and rimer-457.does
EXHIBIT D
Item Cost Calculation
Estimated Construction Cost for Prestwick Place 10''' $771,076 Engineer's estimate
(includes 10%contingency)
Street 9, pink share(Ailesbury Avenue) $131684
Connemara Trail Assessment(east and west of Akron) $208,023
Akron Avenue Assessment $4,666
Total Project Costs and Assessments $997,449
Stone Sewer Trunk Charge $45,378 $6865/net developable acre x 6.61 ac
Sanitary Sewer Trunk Charge $9,019 $1075/acre x 8.39 acres
Watennain Trunk Charge $54,535 $6500/acre x 8.39 acres
Total Trunk Charges $108,932
Total Assessment $1,106,381
G AENGPROY457111etitio❑and waiver-457 docx
ATTACHMENT TWO - EXHIBIT D
Prestwick Place Cost Sharing
Acre Acre Acre Connenuum"'rail Connemara Sheet 9 sheet 9
'I'racl Owner 1 asihilit (Developable Akron Avenue CR 42 Access West of Akron Trail East of Street 4 Slraet 8 ( ) (C1ee11) Street 14 street 16 Street 17 Total Assessment
(+e y) (E�hibit D) PI Pink
•n a
1 US IIOMF.CORPORATION 15.458 1568 1474 $3,842 $0 $35,072 $107.035 $55,752 $278354 $113953 $13409 $0 $0 $0 $607,417
2 US I IONIF CORPORA"ZION 28329 27.34 28.29 $7,041 $0 $64,275 $196,157 $38,801 $222,256 $37,984 $32,181 $223,486 $0 $0 $822,182
AKRON 42LLC 20.146 19.18 19.18 $19,026 $425933 $209,012 $0 $0 $0 $0 $0 $256,136 $0 $0 $910,107
4A DAKO`IN COUNTY COMMUNI I Y 19.748 -- 19-75 $4908 $U $44,806 $136,740 $0 $0 $0 $0 $0 $270,310 $207,822 .$664,586
DEVELOPMENT AGENCY
4B ARGON PEMTOM,LLC 7.912 --- 7.91 $1,967 $0 $17,951 $54,785 $0 $0 $0 $0 .$0 $451,099 $0 $525,802
5 US IIOMF CORPORATION 15.072 -- 15.07- .$3,746 .$0 $34,196 $104.362 $0 $0 $0 $0 $0 $221,401 $208,038 $571,744
AKRON 42Ilk 29.513 --- 29-52 $19,017 $371,470 $0 $598,197 $0 $0 $0 $0 $0 $0 $0 $988,674
7A ARGON DF.VGLOPMF,N'1-INC. 16.217 1(,22 16.22 $4,526 $0 $205,531 $0 $0 $0 $0 $0 $0 $0 $0 $210,056
78 ARCONDL.VFI,OPMFNf INC 1170% 11713 11738 $32,678 $0 $1,0,4,049 W $0 $0 $0 $0 $U $0 $0 $1.516,72,
TOTAL 269.49 195.55 268,06 1 $96,751 $797,403 $2,094,892 $1,197,267 $94,553 $500,610 $151,938 $45,5911 S479,622 S9,12810 $415,860 $6,817,296
NOTE TFact 2-US'Hoare Corporation is paying overhead in cash Tor Streets 4,8 end 9(green)with tho Prestwick Place 7th sulxiivislon agreenlem
Tract 1: US HOME CORPORATION
Arlo° Cmmemara Trail C.om a ra
Tlect Development t�C15 Acre (Devclopahle Akron Avenue CA 42 Access \Vest of Akron 'frail Gast of Streef 4 Steel 8 Sireel 9 Sirret 9 Street 14 stred 16 Sheet 17 Total Assessment
(Feasibility) (Exhibit D) (Pink) (Green)
COSI'PFR ACRE -- --- $261 $0 $2,379 $7,262 $3,782 $18.884 $7,731 $910 $0 $0 $0 $41,209
1 PRESTWICK PLACE 7"CH ADDITION --- --- 0.00 $0 $0 W $0 $55.752 $278,354 $0 $13,409 $0 $0 $0 $347,515
1 PRFSTWICK PLACE 9T11 ADDITION --- --- 2.20 $573 $0 $5,235 $15,975 $0 $0 $17,008 $0 $0 $0 $0 $38,791
1 PRESTWICK PLACE 10-NI ADDITION -- --- 197 $461 $0 $4,212 $12,853 $0 $0 $13,684 $0 $0 $0 $0 $31,210
1 FUTURE PLAT' - --- 10.77 $2,807 $0 $25,626 $78,207 $0 $0 $83,262 $0 $0 $0 $0 $189,902
'I'OTAI. 0.0(1 0,00 14.74 $3,842 $0 $35,072 $107,1135 $55,752 $278,354 $113,')53 $13,409 $0 $0 $0 $6117,417
IIrCA \I.\I r�l-�I' lEl 1. 'IHIF IHI I' 'INI!1-. rHlll I'Ht 1; 'I HIf 1-1 'rF 1 1.11, 1'Alil! I'NIII; rNi ir:
"tract 7A: US HOME CORPORATION
Acre Acre Acre" Connemara Trail Connemara street 9 Sheet 9
Tract Derelopnaenl (Developable Akron Avenue CR 42 Access \Vest of Akroaa Trail Easl of Street 4 Sheet 8 Sheet 14 Street 16 Street 17 Total Assesstwot
(Feasibility) (ISxhibil D) (Pink) (Green)
COST PER ACRE --- - -$279 $0 $12-671 $0 $0 $0 $0 $0 --- $0 $0 $12,950
7A( PIWSTWICK PLACF 101 If ADDI'I-ION 15.07 $4,205 $0 $190,959 $0 $0 $0 $0 $0 $0 $0 $0 $195,163
7A-` FUFURF PLAT --- --- 1,15 $321 $0 $14,572 $0 $0 $0 $0 $0 $0 $0 $0 $14,893
TOTAL 6,w 0.00 16.22 $4,526 $11 $205,531 T=7= $0 $0 $0 $0 $0 $0 $0 $210,056