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HomeMy WebLinkAbout6.g. Harmony 3rd Addition Final Plat nd Subdivision Development Agreement, CPDC 05-32-FPAGENDA ITEM: Case 05 -32 -FP Harmony 3rd Addition (CPDC) Final Plat and Subdivision Development Agreement AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner Anthony Aderhold, Project Engineer AGE It b ii ATTACHMENTS: Draft Resolution, Subdivision Development Agreement, Final Plat Reductions, Housing examples, Resolution 2004 -85 APPROVED BY: RECOMMENDED ACTION: Motion to adopt a resolution approving the final plat for Harmony 3rd Addition subject to conditions, and Motion to authorize execution of the subdivision development agreement 4 ROSEMOLiN 1 City Council Meeting. August 16, 2005 ISSUE Contractor Property Developers Company is requesting final plat approval for a fairly small series of single family lots in the northwest corner of Harmony near the intersection of 132 Street West and South Robert Trail The final plat includes 17 lots for single family housing, street right -of -way and an outlet for ponding PLANNING COMMISSION REVIEW No public hearing was iequired for the final plat review The Commissioners identified no concerns and the recommended action was adopted with the Consent agenda BACKGROUND Applicant Location Comp Plan Zoning Number type of units Acreage /density Preliminary Plat approval Park dedication Planning Commission Action CITY COUNCIL EXECUTIVE SUMMARY Contractor Property Developers Company Northeast corner of South Robert Trail 132"" Street West Urban Residential R -1, Low Density Residential PUD 17 Single Family on 55 ft wide (min) lots 22 75 acres including Outots A 2 44 ac Outlot B 15 32 ac 3 4 du acre (net) July 6, 2004 Resolution 2004 -85 No land is being dedicated with this plat for parks The park dedication is expected to be in the form of cash Recommendation of approval This final plat includes 2 outlots. Outlot A for pondmg and storm water infiltration Outlot B is reserved for future development Future development of Outlot B 15 single Family lots (55 ft min width) immediately south 30 row house units 20 Villa II (double loaded) units 24 garden units (single level 4 -plex) along South Robert Trail The 17 lots in this final plat are designed for fairly narrow houses that will fit on 55 foot wide lots. The lots are arranged on either side of Bronze Parkway, the first east -west street south of County Road 38 and between Brockway Avenue, the main north -south street, and Highway 3 A cul -de -sac called Bronze Court provides frontage for eight of the lots Setbacks will be 25 feet for housing fronts, 30 feet for garages and five feet side yards All of the lots are deeper than the typical 125 foot minimum depth Outlot A will be deeded to the City for pondmg and infiltration Approximately half of the outlot contains a wetland with a Manage 2 classification The outlot backs up to County Road 38 and Brockway Avenue Access will also be provided at the end of the Bronze Court cul -de -sac A temporary storm water pond will be required on a portion of Outlot B that will temporarily htmt construction of up to 3 garden 4 -plex buildings Ultimately, the developer is expected to acquire off -site pondmg on the west side of highway 3 The temporary pondmg will fulfill the requirement until that happens The 17 lots being platted with this apphcation will front on two streets Nine will front on Bronze Parkway which will be a through -street that will eventually loop the west side of the site The other eight lots will front on Bronze Court The lots have been compared with the approved prehmmary plat and are consistent Normally, consistency essentially guarantees approval No variances or amendments to the preliminary plat have been requested at this time to trigger the pubhc hearing process RECOMMENDATION Staff recommends approval of the final plat as it is consistent with the approved preliminary plat 2 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2005 A RESOLUTION APPROVING THE FINAL PLAT FOR HARMONY 3rd ADDITION WHEREAS, the Community Development Department of the City of Rosemount received an application from Contractor Property Developers Company (CPDC) on June 28, 2005 requesting a Final Plat for the Harmony 3` Addition, legally described as Outlot A, OUTLOTS OF BROCKWAY, according to the recorded plat thereof, Dakota County, Minnesota WHEREAS, on July 26, 2005, the Planning Commission of the City of Rosemount reviewed the Final Plat for Harmony 3rd Addition located on the northeast corner of South Robert Trail and 132 Street West, and WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Final Plat for Harmony 3` Addition, subject to conditions, and WHEREAS, on August 16, 2005, the City Council of the City of Rosemount approved the Final Plat for Harmony 3` Addition after reviewing the Planning Commission's recommendation and the Final Plat, and NOW, THEREFORE BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Final Plat for Harmony 3 Addition, subject to 1 Execution of a subdivision development agreement. 2. Approval of the Minnesota Department of Transportation and the Dakota County Plat Commission as required by the Contiguous Plat Ordinance 3 Incorporation of recommendations by the City Engineer regarding drainage, easements, grading, ponding, streets and utilities 4. Park Dedication as recommended by the Parks and Recreation Director. 5 Outlot A shall be deeded to the City Building permits requiring conformance with all applicable building and fire codes. ADOPTED this 16th day of August, 2005 by the City Council of the City of Rosemount. ATTEST: Linda Jentink, City Clerk William H Droste, Mayor SUBDIVISION AGREEMENT Harmony 3rd Addition AGREEMENT dated this day of 2005, by and between the CITY OF ROSEMOUNT, a Minnesota municipal corporation, (the "City and CONTRACTOR PROPERTY DEVELOPERS COMPANY, (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 Hannon 3rd 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 pubhc infrastructure and mcludmg gradmg, erosion control, streets and ut httes b Execution of a Subdivision or Development Agreement to secure the pubhc and private improvements c Payment of all apphcable fees including G I S Park Dedication and other fees identified in the current fee schedule d Incorporation of any easements or right -of -way necessary to accommodate drainage, ponding, trails, conservation areas, streets and utilities e Developer will deliver the warranty deed of Outlot A to the City within sixty (60) days of execution of this agreement 3. Phased Development. The City may refuse to approve final plats of subsequent additions of the plat if the Developer has breached this Contract 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 m 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 1 Harmony 3 Addition 8/9/2005 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. Street Lights B Setting of Lot and Block Monuments C Surveying and Staking of work required to be performed by the Developer D Gas, Electric, Telephone, and Cable Lines E Site Grading F Landscaping 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 September 30, 2006 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 394), shall be designed, inspected, surveyed and administered by the City, and installed m the Subject Property at Developer expense by a Contractor selected by the City through the public bidding process A Sanitary Sewer B Waterman C Storm Sewer D Streets E Sidewalks /Pathways The attached figure shows the area within which the Public Infrastructure Improvements will be constructed pursuant to this Paragraph Contracts shall provide for construction m 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 2 Harmony 3rd Addition 8/9/2005 9. Deposit for Cost of Public Infrastructure Improvements For the purpose of financmg the construction, installation and maintenance of the Public Infrastructure Improvements, the Developer shall promptly make payments to the City of sums deemed necessary by the City to make timely payments to its contractor as follows a Prior to the receipt by the City of bids for the Pubhc Infrastructure Improvements, the Developer will pay to the City a cash deposit m the amount of One Hundred Thousand Dollars ($100,000) to cover one or more periodic payments to the City's contractor Such deposit and later payments to the deposit as provided in this paragraph will be held by the City and used to pay the City's contractor for Public Infrastructure Improvements and no other purpose b From time to time, as the City's construction of the Public Infrastructure Improvements proceeds and the amount held in the Developer's deposit is diminished by payments to the City's contractor, the City will give written nonce specifying an amount due from the Developer to replenish the deposit, as determined by the City to be necessary to cover one or more periodic payments to the City's contractor Payments shall be due no later than ten (10) working days after receipt of notice by the Developer e No interest will be paid or credited to the Developer on funds held by the City in the deposit Following final payment for Pubhc Infrastructure Improvements the City will return any unused funds m the deposit to the Developer d. Upon execution of this Agreement, the Developer will provide a letter of credit in form satisfactory to the City m the amount of Four Hundred Ninety -Four Thousand Dollars ($494,000) (which is 110% of the estimated construction costs ($540,000) less the nit al deposit), conditioned on the prompt and faithful performance by the Developer of its obligations under this paragraph 9 This letter of credit may be combined with any other letter of credit given to secure performance under this Agreement, provided the form thereof is approved by the City e In the event the City does not recover its costs for completing the Pubhc Infrastructure Improvements under the provisions of this paragraph, as an additional remedy, the City may, at its option, assess the Subject Property m the manner provided by Minnesota Statutes, Chapter 429, and the Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429 081, provided the amount levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City in the completion of the Pubhc Infrastructure Improvements 10. Security for Developer Improvements To guarantee comphance 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 two (2) individual irrevocable letters of credit from a bank ("security") for. a) $55,000 Landscaping b) $132,550 All Other Improvements which is 110% of the estimated cost of the Developer Improvements The amount of the security was calculated as follows 3 Harmony 3's Addition 8/9/2005 Landscaping $50,000 $55,000 Cost Total 1 $50,000 110% $55,000 Refer to Exhibit A and Exhibit B for an explanation of each item Securities for these items were collected as part of the Subdivision Agreement for the Harmony 2 plat It should be noted that the Subdivision Agreement for Harmony 2nd and 3 *d Addition plats refer to the Harmony 2nd Street and Utility and Appurtenant Work, City Project #394 plans. 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 responsibihty The letter of credit shall secure comphance with the terms of this Agreement and all obhgations of the Developer under it The City may draw down on the letter of credit without nonce if the obhgations 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 trine to time as financial obligations are paid and developer installed improvements completed to the City's requirements 11. Grading Plan /Site Gradinv, 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 mstallation 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 4 Harmony 3*d Addition 8/9/2005 Cost 110% Grading Erosion Control $25,000 $27,500 Pond Restoration and Erosion Control Removal $25,000 $27,500 Survey Monumentatton $8,500 $9,350 Retaining Walls $50,000 $55,000 Street Lighting (6 lights) $12,000 $13,200 Buffer Monumentation Park Equipment /Improvements Wetland Restoration /Mitigation Wetland Monitoring Total $120,500 $132,550 Landscaping $50,000 $55,000 Cost Total 1 $50,000 110% $55,000 Refer to Exhibit A and Exhibit B for an explanation of each item Securities for these items were collected as part of the Subdivision Agreement for the Harmony 2 plat It should be noted that the Subdivision Agreement for Harmony 2nd and 3 *d Addition plats refer to the Harmony 2nd Street and Utility and Appurtenant Work, City Project #394 plans. 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 responsibihty The letter of credit shall secure comphance with the terms of this Agreement and all obhgations of the Developer under it The City may draw down on the letter of credit without nonce if the obhgations 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 trine to time as financial obligations are paid and developer installed improvements completed to the City's requirements 11. Grading Plan /Site Gradinv, 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 mstallation 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 4 Harmony 3*d Addition 8/9/2005 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 durmg the installation of Public Infrastructure Improvements 13. Erosion Control Prior to site grading, and before any utility construction is commenced or 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 backfillmg operations shall be reseeded within 72 hours after the completion of the work m 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 the 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 m 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 m 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 apphes to the required erosion control for basement and /or foundation excavation spoil piles The City will attempt to notify the Developer m 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 m full compliance with the erosion control requirements 14. Planting and Seeding Landscaping shall be m accordance with Landscape Plans approved with the Planned Unit Development and included as exhibits 5L and 5M of the Brockway Area Planned Unit Development Agreement Said exhibits are landscape plans prepared by Westwood Professional Services, having been revised 5/14/04 Any changes or substitutions must be approved by the City Planner 15. Clean up 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 m 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 ongmal condition at the end of home construction within this development All silt fence and other erosion control should be remos ed following the establishment of turf These items are to be secured through the letter of credit as is noted in Exhibit A 5 Harmony 3rd Addition 8/9/2005 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 pnvate 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 18. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City m conjunction with the development of the Subject Property including, but not hmited 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 m the preparation and enforcement of this Agreement, including engineering and attorney's fees The estimated City fees of $123,068 shall be deposited with the City at the time this Agreement is signed, and represent the following estimates $91,800 Engineering Fees $2,500 Attorney Fees $27,000 5% City Fees $360 Street Light Energy Cost S1 408 Seal Coating $123,068 If the 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 pet year 6 Harmony 3i'd Addition 8/9/2005 E The Developer shall pay all energy costs for street lights installed within the Subject Property for 24- months at a cost of $5 /month /fight After that, the City will assume the energy costs F The Developer will pay the cost of sealcoatmg the streets within the development at a cost of $0 60 /SY The sealcoatmg will be completed within two (2) years following wear course placement 19. The Developer agrees to pay fees, charges and assessments set forth in this Section pnor to, or at the time of, execution of any plat by the City. A Park dedication fees in the amount of $0. B Geographic Information System (GIS) fees in the amount of $935 C Storm Sewer Trunk Area Charges m the amount of $32,541. D Sanitary Sewer Trunk Area Charges m the amount of $7,764 35 E. Waterman Trunk Area Charges m the amount of $31,280 30. Or other amounts for such fees as m 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 m effect as of this agreement are. A. Metropolitan Council Environmental Services Availability Charges per SAC unit (current rate is $1,450) B Storm Sewer Connection Charges per single family unit and per multiple family unit (currently at $670) C Sanitary Sewer Availability Charges per SAC unit (currently at $1,160 /SAC unit) D Water Availabihty Charges per SAC unit (currently at $1,410 /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 7 Harmony 3 Addition 8/9/2005 E All building permit fees are paid in full. F No early building permits will be issued The Developer, m 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, matenalmen or agents No occupancy permits shall be issued until the pubhc streets and utilities referred to in paragraph 6 and 8 are in and approved by the City, unless otherwise authorized m wntmg by the City Engineer 22. 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 m 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 23. 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 determmes 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 parttes 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 m completion of public improvements and damage to public improvements caused by the City, the Developer, its contractors, subcontractors, materiahnen, employees, agents or third parties 8 Harmony 3rd Addition 8/9/2005 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 Contract, 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 imphed, now or hereafter arising, available to the City, at law or m 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 I. The Developer may not assign this Agreement without the wntten permission of the City Council 24. 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 Contractor Property Developers Company 3030 Centre Pointe Drive, Suite 800 Roseville, MN 55113 Notices to the City shall be in writing and shall be either hand dehvered to the City Admuustrator, 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'h Street West Rosemount, Minnesota 55068 9 Harmony 3rd Addmon 8/9/2005 IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above wntten STATE OF MINNESOTA SS COUNTY OF DAKOTA STATE OF MINNESOTA SS COUNTY OF DAKOTA the said Drafted By: City of Rosemount 2875 145th Street West Rosemount, NLN 55068 CITY OF ROSEMOUNT BY: William H. Droste, Mayor BY: BY: Linda jentink, City Clerk BY: Its Its The foregoing instrument was acknowledged before me this day of 2005, by William H Droste, Mayor, and Linda Jentink, 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 The foregoing instrument was acknowledged before me this day of ,2005 by ,and a on behalf of Notary Pubhc 10 Harmony 3 Addition 8/9/2005 EXHIBIT A The following clarifies the vanous portions of the letter of credit for Developer Improvements that are outlined m the Subdivision Agreement Grading Erosion Control A restoration and erosion control bond to ensure revegetation and erosion control ($3,500 /acre) Note The minimum bond amount is set at $25,000 Pond Restoranon /Erosion Removal A security to allow for cleaning of sedimentation ponds pnor to City acceptance, and removing any installed erosion control measures such as silt fence and woodfiber 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. Landscapinp 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 hght 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 Momtormp An amount equal to 110% of the cost to hire a wetland speciahst 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) 11 Harmony 3rd Addition 8/9/2005 No Item Cost 110% Calculation 1 Grading and Erosion Control 25,000 27,500 Min $25,000 (LOC for grading received) 2 Pond Restoration and Erosion Control Removal 25,000 27,500 Minimum $25,000 3 Survey Monumentatton 8,500 9,350 $500 /lot 17 lots 4 Retaining Wall S 50,000 55,000 Per Developer Estimate 5 Street Lights 12,000 13,200 3 Tights $4000 /fight 6 Buffer Monumentation Part of Harmony 2nd Sub Agreement 7 Park Equipment/Improvements N/A 8 Wetland Restoration/Mitigation S Part of Harmony 2nd Sub Agreement 9 Wetland Monitoring Part of Harmony 2nd Sub Agreement Total 120,500 132,550 No Item Cost Calculation 1 Engineering Fees 91,800 17% of the Construction Cost 2 Attomey Fees 2,500 Estimate 3 5% City Fees 27,000 5% of Construction Cost 4 Street Light Energy Cost 360 3 lights 24 months $5 /month 5 Seal Coating 1,408 $0 60 /SY 2346 SY Total 123,068 No Item Cost Calculation 1 Park Dedication Paid in full with the first Subdivision Agreement 2 GIS Fees 935 $55/lot 17 units 3 Storm Sewer Trunk Charge 32,541 $6015 /acre minus ponding to HWL 5 Sanitary Sewer Trunk Area Charge 7,764 35 $1045/acre 6 Watermam Trunk Area Charge S 31,280 30 $4210 /acre Total 33,476 No Item Cost 110% Calculation 1 Estimated Construction Cost 540,000 594,000 Based on actual construction cost 2 Less Initial Cash Deposit (100,000) Total 55,000 1 Total 494,000 No Item Cost 110% Calculation 1 Estimated Landscaping Cost 50,000 55,000 Per Rick Pearson Total 55,000 1 G /ENGPROJ /394 /Subdivision Calcs 3rd Letter of Credit for Developer Improvements Letter of Credit for Public Infrastructure Letter of Credit for Landscaping City Fees Development Fees EXHIBIT B (Page 1 of 2) Lot Block SQ FP Acres 1 1 10058 90 0 23 2 1 1167140 027 3 1 10873 30 0 25 4 1 975130 022 5 1 17308 90 0 40 6 1 12225 20 0 28 1 2 8819 00 0 20 2 2 708910 016 3 2 1105470 025 4 2 8258 20 0 19 5 2 8048 20 0 18 6 2 12973 20 0 30 1 3 9836 20 0 23 2 3 7956 60 0 18 3 3 7860 00 0 18 4 3 8003 70 0 18 5 3 11697 70 0 27 Outlot A 106340 5 244 ROW 1 43797 1 1 01 Boundary Check 323623 1 7 43 Ponding to HWL 60743 2 02 No. Lots Block Total Lots 1 6 2 6 3 5 Total 17 Total Plat Area 7 43 acres Gross Dev Area 5 41 acres Pondmg to HWL= 2 02 acres Park Dedication= 0 00 acres Dedicated ROW= 1.01 acres G /ENGPROJ /394 /Subdivision Calcs 3rd EXHIBIT B (Page 2 of 2) 9 tit It Fn 7=n ELI 90: lot! CL lit A A it in lit! cc MM 0 cc igg y O� 26 Fp I 6g` W \`6 N �O E F o E s S K a N i 0.8 0. DBa° n° o Ps i n s 6 P J il t° 1 z Eid s tit A 1E E g 0 m t :n y_ o L t? b w �V 9 e °`I e w I R4 J v J Ihn:�':- $o. d II YI .t3L ft w i p b h A ypL'/O X77: J .4 M1 A 1 -a g34, q t JB1 �T Na tq' 50 9+1/5212 W92 1 1 0 .t° v' i vg �.r 7 m °e \°t 1 )f 0 F tt C aN -7 I 1 Cc OaSbf :9 6 1ST} a3 Bp or 9 �B 0 50CE PMatt -1 I)• r tcv o; I 0 1 zasc 7:05'Cra 0P61469 N Cr. Or cd og M1 iM1 al 9 al O 3a 3t Q , C) t� R-1141 928 W -ft -7 - - - - - - - - - LU 8 N ------ - ----- ilk rc L ---- Lu ----- W ------------ P, -------- �7,7z Jn__ cc TL----- j ----- Q , C) =a I :3 o'351 0 .19°} N 0 $fin y ¢ate 017041E PMKIWY .00 0r °09 N "L"c 38 9E .d 0,7 T Cr —oZ9Hf °39 OM fel w9 y8 83 0 .0 M is o s 34k 1••• a CO 4 3a 12 Orr Ali A AT 1 A --1 1-� 1 Auk gill. pams IAJ oil 1 :0, I ARMY&! MURNSIM-1 I � VN -1 c 1 r"L.W1 - IT TI7 MAN go Hllt If towns I qill All 0 LLJ OOM Z E :1 c D ..... . 01 UP Z- �,l ;URVit UJA g-g-q'M ............ oil V... ........ > 8 0 el F a Ili i! ammo ■f 7 f■ II Pa o ae. 44. ce_t- i 40 E© 0 al 0 0 0 0 0 0 0 0 CI 0 S v i t z 0 H 4 w w w 0 n J1' v. }i i i i z O F- a w w w _L w W W z Z 0 OZ LL CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2004- 85 A RESOLUTION APPROVING THE PRELIMINARY PLAT AND PUD FINAL DEVELOPMENT PLAN FOR THE BROCKWAY DEVELOPMENT WHEREAS, the Community Development Department of the City of Rosemount received an application from Contractor Property Developers Co requesting Preliminary Plat approval to redevelop the Brockway property to a PUD -mixed residential use and future neighborhood commercial site The property is legally described as That part of the South West'' of the North East Section 20, Township 115 North, Range 19 West, Dakota County, Mi lying East of the center line of S T 1-1 No 3 (formerly S T H No 218), All of Government Lot 2, said Section 20, that part of the North' of the South East''/. of Said Section 20 lying East of the centerline of said S T H No 3, Lying West of the Westerly right of way line of Chicago, Milwaukee, St Paul and Pacific Railroad, and lying North and West of the following described Ime Commencing at the intersection of the South line of said North 1/2, South East''/. and said Westerly right of way line of Chicago, Milwaukee, St Paul and Pacific Railroad, thence South 89 degrees 43 minutes 18 seconds West, assumed bearing along said South line, 270 47 feet to the point of beginning of the line to be described, thence North 12 degrees 05 minutes 15 seconds West, 357 87 feet, thence North 89 degrees 43 minutes 18 seconds East, 500.28 feet to said Westerly right of way line and there terminating WHEREAS, on March 23, 2004, the Planning Commission of the City of Rosemount reviewed the Preliminary Plat to redevelop the Brockway property to a PUD -mixed residential use and future neighborhood commercial site, and WHEREAS, on April 27,-2004, the Planning Commission of the City of Rosemount reviewed revisions and updates guided by staff for the Preliminary Plat to redevelop the Brockway property to a PUD -mixed residential use and future neighborhood commercial site, and WHEREAS, on Apnl 27, 2004, the Planning Commission of the City of Rosemount conducted a public hearing for the purpose of reviewing the preliminary plat for compliance with the Shoreland Overlay Regulations as a Planned Unit Development, and, WHEREAS, on May 25, 2004, the Planning Commission of the City of Rosemount reviewed further revisions and updates guided by staff for the Preliminary Plat to redevelop the Brockway property to a PUD -mixed residential use and future neighborhood commercial site, and WHEREAS, the Planning Commission of the City of Rosemount found the Preliminary Plat consistent with city standards for approval of a PUD and consistent with zoning regulations and guidelines including the Shoreland Overlay Regulations with recommended conditions, and RESOLUTION 2004 85 WHEREAS, the Planning Commission adopted a motion to recommend that the City Council approve the Preliminary Plat for the Brockway development subject to conditions, and WHEREAS, on July 6, 2004, the City Council of the City of Rosemount reviewed the Planning Commission's recommendation and the Preliminary Plat for the Brockway development, and NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby approves the Preliminary Plat for the Brockway development, subject to 1. Execution of a PUD Agreement 2 Approval of other applicable agencies including, but not limited to, Dakota County Plat Commission and the Minnesota Department of Transportation 3. The Developer shall be responsible for all costs associated with street and utility improvements serving the development, including the construction of a nght turn lane on eastbound County Road 38 into the development These costs shall include all costs associated with the construction of a storm sewer outlet from the project to Basin #1589 located on the south side of Connemara Trail 4. A cash payment of $100 00 per front -foot along County Road 38 shall be deposited with the City for costs associated with County Road 38 improvements 5 The first final plat completed for the development shall include the dedication of all right -of -way for Street 1, Street 5, Street 6 and County Road 38 6 All through private streets, outlots F, P and S, shall be a minimum of 28 feet wide face to face Connecting portions of Outlots H and J shall be a minimum of 28 feet wide face to face, or as approved by City Staff Parking shall be allowed on one side only 7 No parking will be allowed on Streets 1, 4, 5 and 6 For all other public streets, parking shall be allowed on one side only On Street 2 3, parking shall be on the inside edge 8. Lot 2, Block 5 shall include a drneway turn- around to provide an alternative to backing into the street 5 As no on- street parking is recommended, the turn around shall also provide guest parking Lots 1 2 Block 5 shall be designed with lot fronts and driveways oriented either to Street 2 or Street 3 9 The existing driveway access to State Highway 3 shall be closed with the first phase of grading Construction access shall be restricted primarily to Connemara Trail and secondarily to County Road 38 2 10. Seven additional common parking spaces are required for Blocks 21 and 22. 16. All landscaping with public rights -of -way, outlots and the round -about shall be 3 RESOLUTION 2004 5 11 The Developer will make reasonable attempts to accommodate plan revisions for garages in Gables II and Villa II housing to be in compliance with minimum size requirements In the event such revisions are impractical, or would result in further inconsistencies with PUD or zoning standards, the Developer will be permitted to construct garages of less than 440 sq ft provided Developer meets all of the following requirements 1. No garages shall be smaller than 380 square feet, it. The total number of units with garages less than 440 square feet cannot exceed 52 units. and iii Developer shall construct 60 units (not including the apartments or senior housing units) whose base price meets the Metropolitan Council affordable housing critena. 12 Repair and maintenance of all pnvate trails and sidewalks are the responsibility of the homeowners assoctation(s). Snow removal from all public and private trails and sidewalks shall be the responsibility of the homeowners assoctation(s) or the adjacent private property owners The trail exhibit outlines public and private responsibilities 13 Outlots A and B shall be owned and maintained by the homeowners association or the outlots shall be eliminated by extending the lot lines from Blocks 2 and 3 to the outer edge of the plat and dedicating drainage and utility easements for storm water and infiltration pondmg 14. Single family housing in Blocks 1, 2, 3, 4, 5, 6 7 shall have minimum garage setbacks of 30 feet and principal structure front yard setbacks of 25 feet The architectural conditions of Resolution 2004 -6 may be waived on interior lots as long as a majority of the lots including all corner lots shall have traditional housing styles Those intenor lots with building fronts behind or even with garages shall be subject to the 30 -foot garage setback. 15 Extensive landscaping is required for screening along State Highway 3 Optimum landscape screening includes earthen berms in combination with varieties of trees and shrubs to simulate a natural environment In cases where berms are not feasible, screening shall be accomplished with landscaping equivalent to a double row of staggered eight foot high coniferous Spruce (or equal), or over -story deciduous boulevard trees augmented by shrub planting beds to facilitate full- spectrum screening subject to Staff approval All landscaping along Highway 3 berms will be installed by the developer in conjunction wtth building construction. maintained and replaced as necessary by resident homeowners association(s) Landscaping is subject to sight triangle criteria for presen ation of visibility at intersections, subject to City Engineer approval RESOLUTION 2004 85 17 Entry monuments shall be subject to sign permits and normal zoning standards Appropriate sight distances must be maintained The north entrance monument shall be located in Outlot B dedicated to the City If Outlot B is absorbed by adjacent single family lots, an easement shall be dedicated to the homeowners association for monument maintenance 18 PUD Amendments are required for the 120 apartments and 60 senior units in Blocks 14 and 15 Site Plan, architectural elevations, landscaping and all associated site amenities shall be reviewed in conformance with the approved concept plan and Resolution 2004 -6. 19. The neighborhood commercial on Outlot R, Block 20 is subject to Comprehensive Plan Amendment and rezoning, and separate PUD approval 20 The revised clubhouse shall require Planning Commission and City Council site plan approval for conformance with the PUD and applicable standards 21 No privacy, chain -link, or generally opaque fences will be permitted along any public street right -of -way except as noted below Split rail or equivalent may be permissible, subject to city approval Any fencing installed on Lots 7 -20 Block 1, of the Preliminary Plat, must be located intenor to the project, allowing all screening and landscaping to be fully visible from Highway 3 Fencing is not permitted along Highway 3 adjacent to any multi family buildings 22 Incorporation of other agency comments resulting from the Environmental Assessment Worksheet process including implementation of the Dakota County and MPCA approval of a response action plan (RAP) and a construction contingency plan (CCP) pnor to City issuance of a grading or demolition permit for the property 23 Incorporation of recommendations of the Parks and Recreation Commission regarding Park Dedication and facility design construction Parks dedication credit should not be given for any pipeline easements, unnecessary pondmg in the park, or other items that negatively impact the park site or are deemed unusable The playground area needs to be enlarged to at least 60' x 95'. The infiltration basin in Outlot M has not been removed The park plan needs to have approval from the owners of the pipeline easement. The need for parking has not been adequately addressed for the disc golf course 26 4 RESOLUTION 2004 8 5 parking spaces in the park located in Outlot M and on- street parking will not be enough parking for the public park areas As outlined in the City's Subdivision Ordinance, all park dedication in the form of land and monetary compensation will occur with the first final plat approval prior to recording Staff would recommend that we continue with this practice unless other arrangements can be made to have the park installed in a timeframe that satisfies the Parks and Recreation Commission The lot line for the senior apartment area should be adjusted for the trail to remain in the park The park plan also needs to include other on -site amenities such as an irrigation structure, dnnkrng fountains, etc 24 Incorporation of recommendations of the City Engineer relative to drainage, grading, street design, easements and utilities. 25 The cul -de -sac Street 8 shall have all mailboxes clustered in one location as approved by the Postmaster In addition, driveways may be shared with cross access easements and relief from side -yard parking and driveway setbacks Only three driveways will be allowed within the cul -de -sac bubble Mailbox stations within the project will be design to complement the proposed development 26. The followmg outlots shall be dedicated to the City at the time of final plat T M for Park Dedication, Outlots D, E, I shall be dedicated to the Homeowner's Association with a public trail easement. 27 Plan revisions are required for the round -about on outlot K and related open spaces in OutIots G, I, and 0 for the purpose of articulating open space amenities and cohesion with the sidewalks and trail system In the event that conflicts between the round -about vehicular function and the pedestrian system cannot be resolved, then an alternative design for a pedestnan system is required as an important feature of the development and it's linkages to the city -wide system, and in light of the consideration that a trail along State Highway 3 has been shown to be impractical ADOPTED this 6 day of July, 2004 by the City Counal of the City o osemount. William H Droste, Mayor 5 ATTEST: Linda Jentmk, d C erk Motion by DeBettignies Second by Droste Voted in favor Shoe Corrigan, Droste, Stravton, DeBettignies Voted against None Member absent Riley 6 RESOLUTION 2004 85